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City Council - 07/18/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,DULY 18,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers 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 7:06 p.m. II. PLEDGE OF ALLEGIANCE III. NATIONAL NIGHT OUT Police Chief Jim Clark announced Tuesday, August 1, is National Night Out, which is a crime-prevention program intended to heighten crime awareness, increase the partnership between police and the community through organized neighborhood watch groups. Case thanked the police, firefighters and Parks and Recreation Department, which put on a three-day Safety Camp in July of each year to teach water and fire safety to third-grade children. IV. RECOGNITION OF 4'OF DULY EVENT SPONSORS Eden Prairie businesses helped sponsor the 4th of July Celebration. Tria Mann, Arts and Special Events Coordinator with the Parks and Recreation Department, gave a summary of the event, and Mayor Harris presented certificates and plaques to representatives of the following businesses: BFI Waste Systems donated two dumpsters and 100 garbage cans Sports World USA donated T-shirts,valued at$1,200 Suburban Chevrolet donated$1,500 for a Petting Zoo and Pony Ride Anchor Printing donated$2,100 in printing items Twin City Coop Federal Credit Union donated$2,000 for daytime entertainment Eden Prairie Center donated$5,000, location and staff Norwest Bank donated$5,000 for the Fireworks Display CITY COUNCIL MINUTES JULY 18,2000 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added five items,Butcher added one item, and Thorfinnson added one item, under XIV. A.Reports of Councilmembers. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. SPECIAL CITY COUNCIL/SCHOOL BOARD MEETING HELD APRIL 20,2000 Case made a correction on page 3, the last sentence in the last paragraph, which should read "... he has needed to teach differently to the entire class for the sake of accommodating the religious needs of one student." Harris made a correction on page 3, paragraph 4 "wiser to focus on providing language skills for older adolescent,non-English speaking ..." MOTION: Case moved, seconded by Butcher, to approve the minutes of the Special City Council/School Board meeting held April 20, 2000. Motion carried 5-0. B. CITY COUNCIL WORKSHOP HELD JUNE 20,2000 Butcher made a correction on page 4, paragraph 7, which should read ". . . funding for some programs might be available through Local Collaborative Time Study(LCTS) funds and the Eden Prairie Foundation." MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Workshop held June 20, 2000. Motion carried 4-0, with Thorfinnson abstaining due to his absence. C. CITY COUNCIL MEETING HELD JUNE 20,2000 Tyra-Lukens made a correction on page 11, item 2. The second sentence should read ". . . Eden Prairie Foundation and LCTS." The sixth sentence should read "The group received funding for three issues." MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council Meeting held June 20, 2000. Motion carried 4-0, with Thorfmnson abstaining due to his absence. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES DULY 18,2000 Page 3 B. WELTER'S TRAILHEAD by Ray and Carole Welter Jr. 2nd Reading for Planned Unit Development District Review with waivers on 5.22 acres and Zoning District Change from Rural to R1-13.5. Location: 9630 Crestwood Terrace. (Ordinance No. 19-2000-PUD-12-2000 for PUD District Review and Zoning District Change) C. ADOPT RESOLUTION NO. 2000-111 APPROVING FINAL PLAT OF EDEN WOODS SENIOR CAMPUS ADDITION D. ADOPT RESOLUTION NO. 2000-112 APPROVING FINAL PLAT OF SETTLERS RIDGE 6m ADDITION E. ADOPT RESOLUTION NO. 2000-113 APPROVING FINAL PLAT OF OAKPARKE ESTATES 2"ADDITION F. ADOPT RESOLUTION NO. 2000-114 APPROVING FINAL PLAT OF WINGATE HOTEL ADDITION G. AUTHORIZE APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR WELLHEAD PROTECTION PLAN H. APPROVE AGREEMENT - WITH HENNEPIN COUNTY FOR CONSTRUCTION OF BICYCLE TRAIL ON CSAH 4 I. AWARD CONTRACT FOR STANDBY NATURAL GAS GENERATORS, I.C. 00-5509 J. AWARD CONTRACT FOR LINCOLN LANE AND FOREST HILLS ROAD STREET AND STORM SEWER EvAPROVEMENTS (Resolution No.2000-115) K. SET PUBLIC HEARING FOR SEPTEMBER 5, 2000, RELATING TO CABLE TV FRANCHISE APPLICATIONS L. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR PARKING LOT AT BIRCHWOOD LABORATORIES,INC. M. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR EDEN PRAIRIE; UNITED METHODIST CHURCH N. AWARD CONTRACT FOR NEW RADIO EQUIPMENT SHELTER AND EMERGENCY POWER GENERATION EQUIPMENT FOR NEW TOWER SITE O. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH TKDA FOR RENOVATION AND REPAIR OF WATER UTILITY VEHICLE STORAGE BUILDING CITY COUNCIL MINUTES JULY 18,2000 Page 4 P. APPROVE TRAFFIC CONTROL SIGNAL AGREEMENT WITH MNDOT FOR EMERGENCY VEHICLE PRE-EMPTION ON TWELVE EXISTING TRAFFIC SIGNALS (Resolution No. 2000-116) Case inquired about item M. There are steep slopes away from the parking lot, and he wondered, with this additional imperious surface, whether all the rainwater is captured from the parking lot. Dietz replied the existing parking lot was "grandfathered" in, but the drainage from this tier of parking goes along the total length of the existing parking lot to the NURP pond, which is sized to handle the water from the 60 additional parking spaces. MOTION: Butcher moved, seconded by Thorfinnson,to approve items A-P on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. HIGHVIEW DRIVE/LAKELAND TERRACE AREA STREET AND UTILITY IMPROVEMENTS (Continued from June 20, 2000) (Resolution No. 2000-117) Dietz said on June 20, 2000, Council ordered all the improvements for this project, with the exception of sanitary sewer for the neighborhood adjacent to Lakeland Terrace. He and Al Gray met with property owners on July 17, 2000. Gray said at the meeting with property owners on July 17, the basic concern was about the type and design of the sewer system and method of installation with respect to the impact on trees. Alternative methods were discussed at the meeting and the City and property owners reached a consensus to use a pressure sewer system, and a 3-inch-diameter force main, on Lakeland Terrace. In critical areas it can be installed with horizontal drilling at a price that's competitive with the 8" gravity sanitary sewer system. The result would be that individual property owners would utilize a grinder pump to connect to the system. Mayor Harris asked if anyone wished to address the Council on this project. Charlie Title, 9585 Lakeland Terrace, thanked the Council and City Staff for addressing neighborhood concerns and said everybody feels good about the project. MOTION: Butcher moved, seconded by Thorfinnson, to close the public hearing, and adopt Resolution No. 2000-117 ordering the improvements and preparation of plans and specifications for the Lakeland Terrace Area sanitary sewer. Discussion followed. Case inquired about the cut through the private driveway on Lot 4 on Highview, and if the City would rebuild the driveway to the standard it was originally. Gray replied the City is asking for an easement on Lot 4, and expected that the property CITY COUNCIL MMWTES JULY 18,2000 Page 5 owner would ask to replace the driveway to the standard it was originally built. However, with an 8" water main and horizontal boring technology, Gray did not believe the driveway would be disturbed, so a decision on which way to do this will be made in final design. They will work with the property owner on this also. Case said between Lots 13 and 15 there is a large cluster of trees. He asked, with the horizontal boring technique and smaller pipe, if it is necessary to go between these lots. Gray replied there are two utilities to deal with. The sanitary sewer needs to come down between Lots 13 and 15 to meet the sanitary sewer on Highview Drive, and a few trees would be disturbed. For the storm sewer they could use an alternate route,but as long as they need to open cut through the trees for the sanitary sewer, and have to disturb some trees to do that,they could put the storm sewer along the same route, without disturbing any more trees. They will be evaluating other installation methods, however. If another property owner would consider use of a pump, it would eliminate the need to put the sanitary sewer between the property lines because it could just pump back up toward Highview Drive. This will be determined in final design. They will be working with a couple of property owners on this decision. The plans will be coming back before the Council for final approval. Motion carried 5-0. B. SHADY OAK TECHNOLOGY BUILDING by Mount Properties. Request for Planned Unit Development Concept Review on 5.52 acres, Planned Unit Development District Review with waivers on 5.52 acres, Zoning District Change from I-5 to I-2 on 5.52 acres, and Site Plan Review on 5.52 acres. Location: 6875 Shady Oak Road. (Resolution No. 2000-118 for PUD Concept Review and Ordinance for PUD District Review and Zoning District Change) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 15 property owners. Steve Michaels, Mount Properties, explained the project is for a 26,024-square- foot industrial building located at 9875 Shady Oak Road. An existing 39,900- square-foot building is located on the property. The 1978 approved plan shows a future building expansion to approximately 72,000 square feet. Michaels showed drawings of other buildings Mount Properties has constructed. Setbacks for the new building meet city code. The exterior will be 75 percent brick and glass. City Staff has reviewed the project and the architects have revised their plans accordingly. Uram said the Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 26, 2000 meeting. Mount Properties requested a waiver for the percentage of office use from 50 percent to 75 percent. The waiver may have merit because the traffic generated for the proposed building is less than the expansion of the existing building. The Travel Demand Management plan will further reduce peak hour traffic. In addition, the proposed CITY COUNCIL MINUTES JULY 18,2000 Page 6 building meets architectural requirements of the office district. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing and adopt Resolution No. 2000-118 for PUD Concept Review on 5.52 acres; and approve 1"Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from I-5 to I-2 on 5.52 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. C. SUMNIERHILL SENIOR COOPERATIVE by Realife, Inc. Request for Planned Unit Development Concept Amendment on 3.09 acres of the Liberty Place PUD, Planned Unit Development District Review with waivers on 3.09 acres, Zoning District Change from Rural to RM-2.5 on 3.09 acres, and Site Plan Review on 3.09 acres Location: Valley View Road and Smetana Lane. (Resolution No. 2000-119 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Change) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 99 property owners. Bill Griffith, representing Realife, Inc., said this four-story, senior condominium building will be located at Valley View Road and Smetana Lane, and will be similar to the adjacent project, Realife Valley View Cooperative. However, the proposed building will have 48 units that are larger than the previous development, which has 94 units. There will be 63 underground parking spaces for residents of the 48 units. There will be 17 surface parking spaces provided, and 17 proof-of-parking spaces. Shoreland setbacks will be maintained. A five- foot wide sidewalk will connect to Realife Cooperative to the west and the public trail to the east, providing access to the proposed City Park and trail system on Lake Smetana. Liberty Property will dedicate 33 acres to the City for public open space. Butcher said she was pleased with this sister project to Realife Cooperative. Her concern was about emergency vehicles having sufficient access and the ability to turn around, considering the way the parking spaces are angled. Enger replied the emergency vehicle access and turn-around space is similar to what would be provided in a cul-de-sac. A fire truck would probably not turn around, but would back out of the area. Uram said three waivers were requested for building height, lot size, and percent of impervious surface. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 12,2000 meeting. Mayor Harris asked if anyone wished to address the Council on this project. Nancy Arieta, 10785 Valley View Road, lives in the Realife Valley View Cooperative. She expressed concerns about the new project. One was about sufficient parking. Some people owning condominiums in her building have two or three cars and so the parking lot is full most of the time. She pointed out that CITY COUNCIL MFiT=S JULY 18,2000 Page 7 more parking spaces were recommended at the Planning Board's initial meeting on this project. Another concern was that trees not be removed unnecessarily, as she enjoys looking at them. A third concern was about emergency vehicles being able to get into the area from Valley View Road. MOTION: Thorfinnson moved, seconded by Butcher,to close the public hearing and adopt Resolution No. 2000-119 for PUD Concept Review on 3.09 acres; and approve lst Reading of the Ordinance for PUD district Review with waivers and Zoning District Change from Rural to RM-2.5 on 3.09 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Discussion followed. Case said he was on the Senior Issues Task Force, and this type of project is exactly what the task force discussed at their meetings. He asked who would pay for putting in the 17 proof-of-parking spaces. Thorfinnson asked what is the ratio of parking to units at the existing building and the proposed building. Dick Hansen, architect for the project, replied that at Summerhill there will be 63 underground parking stalls and 34 parking spaces above ground, including the 17 proof-of-parking spaces, for a total of 97 spaces. That would be a ratio of 2:1. He said their experience has been that there is more activity in the parking lot during the first year of operation, with people moving in and having visitors, etc. He would hesitate to use the green space set aside for the proof-of-parking spots. Hansen said the condominium owners own the building and can vote to use the green space for additional parking if they find it is needed. At Realife Cooperative, there are 94 apartments and 94 underground parking stalls. Above ground there are about 40 stalls, or a ratio of 1-1/2:1. Thorfinnson said the Council only needs to determine if there is adequate parking without using the green space. The land will be prepared for additional parking space, and money has been set aside to do it, if needed. Mayor Harris said she is in favor of trying to keep the green space and then let residents decide if they want to pave it over. Butcher agreed with her. Tyra-Lukens asked if the units in Summerhill would be bigger than those in Realife. Hansen said they would all be two-bedroom units, with larger-sized rooms than Realife. Tyra-Lukens said that might mean more people living there, having more cars. Nancy Arieta was allowed to speak again. She said at the Planning Commission Meeting it was decided to tell the developers they would have to consider having more parking, because there was that question raised when the first building was built. The parking lot becomes full on a regular basis. The building is open to people 55 and over, and that is an active group of people. CITY COUNCIL NIINUTES JULY 18,2000 Page 8 Tyra-Lukens pointed out that the developer doesn't break ground until all units are sold, so by then the owners will know how much parking space they need and can make the decision. Motion carried 5-0. D. US WEST ADDITION by US West Request for Planned Unit Development Concept Review on 1.09 acres, Planned Unit Development District Review with waivers within the I-2 Zoning District on 1.09 acres, and Site Plan Review on 1.09 acres. Location: 7825 Fuller Road. (Resolution No. 2000-120 for PUD Concept Review and Ordinance for PUD District Review and Zoning District Amendment) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 11 property owners. Tom Olesak, an architect with Setter, Leach & Lindstrom, representing U.S. West, said this project is for a 3,850 square-foot addition to the south side of the existing one-story building. The addition is necessary because of the amount of equipment they need to provide. The materials selected will match the materials on the existing building. Uram said the Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 12,2000 meeting. Mayor Harris asked if anyone wished to address the Council on the project. No one did. MOTION: Butcher moved, seconded by Thorfinmson,to close the public hearing and adopt Resolution No. 2000-120 for PUD Concept Review on 1.09 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the I-2 Zoning District on 1.09 acres; and approve early grading and utility permit; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. E. HEARTLAND ADDITION by Christopher and Kelly Kaeding, and Dariusz and Zofia Padniewski. Request for Zoning District Change from Rural to R1-13.5 on 1.88 acres. Location: 13801 St. Andrew Drive. (Ordinance for Zoning District Change) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 36 property owners. Chris Kaeding said his company is requesting approval to rezone the property to divide into two single-family lots. CITY COUNCIL MINUTES JULY 18,2000 Page 9 Uram said this is a straightforward subdivision. The existing house will be removed. The Community Planning Board voted 6-0 to recommend approval of the project to the City Council at its June 12,2000 meeting. Mayor Harris asked if anyone wished to address the Council about this project. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing and approve 1St Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.88 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. F. WALGREENSBANK PROJECT by Scraper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD,Planned Unit Development District Review with waivers within the Community Commercial Zoning District on 3.36 acres, Site Plan Review on 3.36 acres, and Preliminary Plat of 3.36 acres into 2 lots. Location: Northeast Comer of Co. Rd. 4 and Hwy. 5. (Resolution for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Amendment, and Resolution for Preliminary Plat) Enger said the developer is requesting a continuance to the August 1, 2000 City Council meeting. MOTION: Case moved, seconded by Thorfinnson, to continue the public hearing to the August 1,2000, City Council meeting. Motion carried 5-0. G. VACATION 00-05 — VACATION OF RIGHT-OF-WAY FOR SMETANA LANE (Resolution No. 2000-121) Enger said official notice of this public hearing was published June 29, 2000 in the Eden Prairie News and sent to 2 property owners. Liberty Property has requested vacation of the existing right-of-way for Smetana Lane to eliminate possible underlying description conflicts. Replacement right-of-way, following the proposed revised roadway realignment, will be dedicated on the plat of Realife Valley View Cooperative of Eden Prairie Addition. A Quit Claim Deed from the City to Liberty Property Limited Partnership is also proposed to ensure the complete transfer of the City's property rights in the vacated right-of-way. Mayor Harris asked if anyone wished to address the Council on this subject. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; adopt Resolution No. 2000-121 vacating the right-of-way for Smetana Lane as described in the resolution; and authorize the Mayor and City Manager to sign the Quit Claim Deed conveying the City's title rights in the vacated right-of- CITY COUNCIL MINUTES JULY 18,2000 Page 10 way to Liberty Property Limited Partnership. Motion carried 5-0. H. VACATION 00-06 — VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER LOT 2, BLOCK 1, FLAGSHIP ADDITION (Resolution No. 2000-122) Enger said official notice of this public hearing was published June 29, 2000 in the Eden Prairie News and sent to 3 property owners. The property owner has requested this vacation to remove underlying drainage and utility easements, enabling the combination and platting with an adjacent parcel. Replacement easements following the new property lines have been dedicated in the plat of Flagship 2nd Addition and approved on June 20,2000. Mayor Harris asked if anyone wished to address the Council on this subject. No one did. MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to close the public hearing and adopt Resolution No. 2000-122 vacating the drainage and utility easements as described in the resolution. Motion carried 5-0. I. VACATION 00-07 — VACATION OF UTILITY EASEMENTS OVER LOTS 2 AND 3,BLOCK 2,SETTLERS RIDGE (Resolution No.2000-123) Enger said official notice of this public hearing was published June 29, 2000 in the Eden Prairie News and sent to 3 property owners. The property owner has requested this vacation to remove underlying drainage and utility easements from the property to enable replatting of the lots. Replacement easements will be dedicated on the new plat. Mayor Harris asked if anyone wished to address the Council on this matter. No one did. MOTION: Butcher moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution No. 2000-123 vacating the drainage and utility easements as described in the resolution. Motion carried 5-0. J. ORDER IMPROVEMENTS AND PREPARE PLANS AND SPECIFICATIONS FOR CHARLSON AREA IMPROVEMENTS (Resolution No.2000-124) Enger said official notice of this public hearing was published July 6 and July 13, 2000 in the Eden Prairie News and sent to 9 property owners. In accordance with Guide Plan designations adopted in 1998 in consultation with MAC, the Metropolitan Council and property owners, this project will provide public infrastructure improvements to support the development of approximately 450 acres of land. Al Gray explained the property owners have received copies of the feasibility study for these improvements. There are approximately six segments of the CITY COUNCIL MINUTES JULY 18,2000 Page 11 project, including sanitary sewer, watermains and road improvements. The total cost estimate is $9,175,000. The first segment is for a new industrial road, Charlson Road, between Spring Road(CSAH 4) and Flying Cloud Drive (T.H. 212), and a new intersection at the proposed Charlson Road and T.H. 212, and another at Spring Road. These improvements are expected to cost $3,230,000, based on a per-acreage estimate, with an area assessment rate of$12,616 per acre. The second segment is the improvement of Eden Prairie Road from Riley Creek to the newly aligned intersection with Spring Road. Spring Road is proposed to be realigned along the southwest and west boundary of the Grace Church property. The estimated cost is $2,675,600 with an estimated assessment rate of $5,916 per acre. The third segment is for watermains that would bring water service to benefit all the properties along Charlson Road, Spring Road, and Eden Prairie Road. The estimated cost is $1,420,000,with an assessment rate of$3,102 per acre. The fourth segment is for a sanitary sewer collection system. It would consist of approximately 12,500 feet of gravity sanitary sewer in Charlson Road, Spring Road and Eden Prairie Road, following existing and proposed road alignments, and terminating at the intersections of Spring Road and Eden Prairie Road at Riley Creek. It is a gravity system. The total cost is estimated at $920,000, with an assessment rate of$2,010 per acre. The fifth segment is for a sanitary sewer pumping system with forcemain systems. It is estimated to cost$810,000,with an assessment rate of$1,770 per acre. The sixth segment of the system is part of the lateral sanitary sewer that connects between Riley Creek Ridge easterly to the system that would be in Eden Prairie Road. It replaces the temporary lift station in Riley Creek Ridge resulting from the Hustad development. It is in conformance with the Developer's Agreement the City had with the Hustad development. The estimated cost is $121,500, with an assessment rate of$2,110 per acre. Dietz asked Gray if the trunk utility assessments were included in the above amounts. Gray replied the preliminary trunk assessments were included, based upon the current assessment rate for 2000. Mayor Harris asked if anyone wished to address the Council on this subject. Bridget Rief, as a representative of the Metropolitan Airports Commission (MAC), referenced a letter to the City Clerk from MAC, which owns or has ownership interest in 10 parcels identified in the Feasibility Study and a portion of three additional parcels. CITY COUNCIL NIINUTES JULY 18,2000 Page 12 The City's Preliminary Assessment Roll indicates assessments against MAC property of approximately$5,084,191. MAC objects to the improvements if they result in an assessment against its property because most of the property will not be developed, and MAC will not tie into the utility improvements or benefit from them. The improvements will solely benefit parcels not owned by MAC. If the City decides to pursue these improvements,the cost should be borne by those who will benefit. Gray said Council also received a letter from Grace Church in support of the project as outlined in the Feasibility Study. MOTION: Thorfinnson moved, seconded by Butcher, to close the public hearing; adopt Resolution No. 2000-124 ordering the improvements and preparation of plans and specifications for Charlson Area Improvements. Motion carried 5-0. K. CHARLSON AREA FINAL ASSESSMENT HEARING (Resolution No. 2000-125) Enger said official notice of this public hearing was published July 6, 2000 in the Eden Prairie News and sent to 1 property owner. Gray said this public hearing was being held at the request of the property owner, Lynn Charlson. The public hearing and levy of special assessments are all in accordance with discussions and the special assessment agreement between the City and Lynn Charlson. The assessments shown are as estimated in the Feasibility Study. The first portion of the assessments to be levied are for street and utility projects in the amount of$6,885,849, assessed to seven parcels owned by Mr. Charlson. The second portion is for trunk assessments. Mayor Harris asked if anyone wished to address the Council. Bridget Rief, as a representative of the Metropolitan Airports Commission, said to note for the public record that MAC objects to the assessments. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing; adopt Resolution No. 2000-125 approving the Special Assessments presented regarding utility and street improvements in the Charlson Area, I.C. 98-5470 and I.C. 99-5484 for parcels owned by Lynn Charlson. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Case, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfmnson,Tyra-Lukens and Harris voting"aye." CITY COUNCIL MINUTES JULY 18,2000 Page 13 X. ORDINANCES AND RESOLUTIONS M. PETITIONS,REQUESTS AND COMMUNICATIONS A. REVIEW BERGELAND VARIANCE REQUEST 2000-07 Enger said on June 8, 2000 the Board of Adjustments and Appeals heard Mr. Bergeland's request for shoreland setback variances, approval to alter the non- conforming house structure, permission to allow repair, remodeling and improvements to the existing non-conforming house and gazebo, and an appeal of the Building Official's Order for removal or relocation of the non-conforming gazebo. The Board denied the variance requests and upheld the Building Official's Order. David Hellmuth, attorney for Mr. Bergeland, said he participated in the previous hearing before the Board of Adjustments and Appeals. In September, 1999, Mr. Bergeland purchased this property (Lot 2, Block 1, Bryant Lake Heights), intending to live there and to fix up the property. The condition of the property is deteriorating and a proposal to repair the house and gazebo was submitted to the Board of Adjustments and Appeals. After the Board turned down this proposal, he submitted an alternative proposal to Mr. Rosow,the City Attorney. The original proposal is still being appealed, however. Mr. Hellmuth believed a minimum of repairs should be allowed. Mr. Bergeland plans to put new siding on the house, a new roof and new windows. He plans to enclose the flat roof, which would be adding onto the property, but that is the only addition. Mr. Hellmuth discussed the denial of the request with Mr. Rosow, who said an alternative, proposal could be considered. Regarding the gazebo, prior to Mr. Bergeland submitting the variance application, he had discussions with Mr. Rosow and understood he could make some basic repairs to the gazebo. He did not get a permit from the City, and a City Staff member came out and determined what was done was more than maintenance and repairs. Nathan Bergeland said he moved into the house in March of this year. He has a business in Eden Prairie with 20 employees. His intention is to be a long-term resident of the City. He understood when he purchased the property that he would be able to remodel the house and gazebo. He was not told these structures were non-conforming when he made the purchase. In order to get rid of the flat roof, he has proposed removing the porch and building a two-story addition in its place; but this would not enlarge the plat. He expressed willingness to work with the City on whatever conditions or requirements are made to his proposal. The house is in an upscale neighborhood and the neighbors would also like the house to have a new look. The improvements would benefit the City by increasing the tax base. David Hellmuth said he questions a portion of the Eden Prairie Code pertaining to non-conforming structures. He believed the new roof would come under "basic repair or maintenance", as it is 25 years old. The alternative proposal was CITY COUNCIL MINUTES JULY 18,2000 Page 14 prepared to highlight what he believed to be permissible under the code. This allows room for compromise. The cedar siding and windows need to be replaced because of water damage. The code prohibits enlargement or alteration of non- conforming structures, but Hellmuth did not think that was applicable with regard to the work being proposed for this house. The main proposal has a small addition to the property but the alternative proposal does not. Mayor Harris asked Pauly if it is appropriate to consider the alternative proposal as well as the proposal made to the Board of Adjustments and Appeals. Pauly said it is appropriate to consider both. Thorfinnson said Council should deal with the proposals in two stages. Tyra- Lukens said denial by the Board was based on the original proposal, and Council needs to separate the two. Mayor Harris asked Bergeland, with reference to the Purchase Agreement, if he understood there was an opportunity to improve,remodel or enhance the property. Bergeland replied he did, and was to get the original blueprints of the plan. Mayor Harris said the Council approved the plat on condition the house would be torn down. She asked Dietz if the road to this house was the one referenced in the Developer's Agreement. Dietz replied he believed that agreement referenced a common driveway and a brand new driveway was contemplated. Jean Johnson,Zoning Administrator,presented the following information. Nathan D. Bergeland (`Bergeland") is the owner of Lot 2, Block 1, Bryant Lake Heights (7012 Willow Creek Road, Eden Prairie)the"Property."There is situated on the Property a house and a gazebo. The Property is situated on a point on Bryant Lake and includes shoreland on both sides of the tip of the point. In the spring of 2000 Bergeland commenced remodeling of the gazebo without a building permit. The work was stopped by order of the City's building official on May 7, 2000. On May 18, 2000, the City's building official advised Bergeland that the gazebo is a non-conforming structure; that pursuant to City Code, a non- conforming structure may not be enlarged, altered or reconstructed except for routine maintenance and repairs and that the work of the gazebo constituted alteration and reconstruction of the gazebo in violation of the City Code. Bergeland was further advised that it would be impossible to return the gazebo to its original condition and therefore, Bergeland was ordered to remove the gazebo from the Property or as an alternative, to move it to a location in conformance with the set-back requirements of the City Code. It was also noted that no building permit had been obtained from the City for the work performed on the gazebo. The City's official records evidence that Lot 2 was granted six variances by the City Council on July 6, 1999, specifically the following: CITY COUNCIL M NUTES JULY 18,2000 Page 15 Code Requirement Variances 5 acre without sewer 1.18 acres 300-foot lot width at building line 170 feet 100-foot setback from OHW 75 feet 90-foot street frontage; 55 feet on cul-de-sac 0 feet Frontage on public street 0 feet Alteration or structure withing 50 foot shore impact zone Grading The variances granted by the City Council on July 6, 1999 were not used within one year and therefore expired on July 6, 2000 pursuant to City Code Section 11.76, subd. 3. On March 7, 2000 Bergeland entered into an Easement Agreement with James W. Perkins, Raynelle Perkins and Pearl A. Freeburg whereby Burgeland was granted a perpetual easement for driveway purposes over the Freeburg parcel, a perpetual easement for sanitary sewer maintenance and use over the Freeburg parcel and Berglund granted to Freeburg a sanitary sewer maintenance and use easement over the Berglund parcel. The City's official records evidence that on August 3, 1999 the City entered into that certain Developer Agreement between the City of Eden Prairie and James Perkins and Raynelle Perkins ("Developer Agreement") relative to the development of Lots 1, 2 and 3, Bryant Lake Heights, Hennepin County. The Easement Agreement was required by the Developer Agreement. Bergeland purchased Lot 2, Block 1, Bryant Lake Heights on September 29, 1999 from James and Raynelle Perkins pursuant to a Purchase Agreement dated August 23, 1999. The Purchase Agreement states in lines 181 through 185 that: "Seller certifies that the City, County and State agencies have approved a 75' set back on 1999 plans that have been filed and recorded to allow the potential building of a new house on this existing lot." Pauly said reference has been made to the Purchase Agreement and Developer's Agreement. The Purchase Agreement was made on August 23, 1999 and the Developer's Agreement for Perkins Subdivision, between Perkins and the City, was made on August 3, 1999. Pauly requested that the Purchase Agreement and Developer's Agreement be made part of the record. Mayor Harris said the two issues need to be separated. First is the decision of the Board of Adjustments and Appeals and the Council needs to decide if it is going to uphold that decision. Tyra-Lukens said because the original proposal included an addition to the house, she would deny the appeal and support the decision of the Board of Adjustments and Appeals. CITY COUNCIL NI NUTES JULY 18,2000 Page 16 MOTION: Butcher moved, seconded by Case, to affirm the denial action of the Board of Adjustments and Appeals based upon the Findings contained in the Board of Adjustments and appeals motion made on June 8, 2000 regarding the variances. Discussion followed. Pauly said Staff has prepared some additional Findings that incorporate, but are more extensive than,the Findings of the Board of Adjustments and Appeals. The draft makes mention of the alternative plan as well, and would require some editing. Pauly suggested these be revised and provided for review by the Council. Mayor Harris called a recess to permit editing of the above-referenced Findings. Council recessed at 9:17 p.m. Mayor Harris reconvened the meeting at 9:35 p.m. Pauly suggested that because of the alternative proposal being made, Council should just vote on the motion without reference to Findings. Then Council can take up the request for approval of the alternative proposal and can vote on that, and afterwards discuss the Findings regarding these improvements. Butcher and Case withdrew their motion. MOTION: Butcher moved, seconded by Case, to affirm the denial action of the Board of Adjustments and Appeals made on June 8,2000 regarding the variances; and affirm the action of the Board of Adjustments and Appeals regarding upholding the Building Official's Order regarding removal/relocation of the gazebo. Motion carried 5-0. Mayor Harris said Council should now consider the alternative proposal in terms of the maintenance and repair work proposed. Case said it seems that this is more than routine maintenance and repairs according to the City Code, and should not allow anything beyond that. Tyra-Lukens said concerning replacement of the siding and windows, routine maintenance would be replacement of a few pieces of siding and replacement of a few windows, not all the siding and windows. The roof-replacement issue is different because the life of a roof is 25 years and this roof is that old, similar to what is already there. Changing the roof line is another matter,however. Mayor Harris said she felt when the owner starts removing beams, replacing windows and siding, etc. that is beyond routine maintenance. She had read the Building Inspection's Report that states routine maintenance is no longer sufficient for this house. Johnson read the language in the Purchase Agreement stated "the seller certifies that City, County and State agencies have approved a 75-foot setback on 99 plans CITY COUNCIL MINUTES JULY 18,2000 Page 17 that have been filed and recorded to allow the potential building of a new house on this existing lot." Mayor Harris said because there is a Developer's Agreement covering this, she did not want to retreat from that. Butcher agreed with that also. She believed replacing a roof would be beyond routine maintenance. David Hellmuth said siding and windows, in addition to roofs, have a useful life, and their replacement should be considered routine maintenance and repair. He asked if Council would require his client to live in a home that needs a new roof and new siding. Mr. Bergeland had invited Councilmembers to come and look at his house. Mayor Harris said she came out with the Building Official and looked at it. Thorfinnson said Councilmembers have a good knowledge of this house after a year of discussing the property. He has been out to see it. Case said he believed all of the Councilmembers have been out there at one time or another. MOTION: Butcher moved, seconded by Case, to deny the alternative proposed by Mr. Nathan Bergeland to make changes to his existing house. Motion carried 5-0. Mayor Harris said Council sympathizes with the situation in which Mr. Bergeland finds himself. However,the City has rules and regulations that it must follow. Pauly called Council's attention to the Findings that were placed on their desks during the recess. They are the Findings Staff suggested be adopted by the Council in connection with the two motions, with some slight modification. Item 8 should read, "The setback variance granted by the City Council on July 6, 1999, was not used within one year and therefore expired on July 6, 2000, pursuant to City Code, Section 11.73, Subdivision 3." To the order on the last page should be added, "It is also ordered that Mr.Bergeland's alternative proposal is denied." Hellmuth voiced his objection to the Findings. He called the City that day and asked that City reports be faxed and none were provided to him until that night. He would have addressed these Findings if he had had them. Enger replied that he had faxed Staff reports. Hellmuth said he received a report from the Building Official, but did not receive these Findings. He had asked for Staff reports and anything else relevant to that evening's meeting. Pauly said it is customary for Findings to be adopted upon actions being taken by the Council. It is not always possible to anticipate what those actions would be and so it is customary not to distribute Findings in advance. Nevertheless, it is usual to have Findings drafted, in anticipation of actions being taken. He suggested Council consider adopting these Findings. CITY COUNCIL A1FN- ES JULY 18,2000 Page 18 MOTION: Case moved, seconded by Butcher, to adopt these Findings. Motion carried 5-0. MI. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. COMMUNITY PROGRAM BOARD 1. Management and Use of Historic Properties Swaggert reported that on January 18, 2000, the City Council directed the City Staff to work with the Community Program Board and Heritage Preservation Commission to develop recommendations for the future use of the Smith-Douglas-More House, the Cummins House and Riley Farm. The Analysis of the Properties was to take into account their historic significance, potential adaptive reuse, operations, maintenance, programming, all costs, and financial sustainability over time. The City Staff, with input from the Heritage Preservation Commission, developed several optional uses for each of the historic sites and presented these recommendations to the Community Program Board. The Board met on July 11 to review the Adaptive Reuse Proposal prepared by the Historic Preservation Commission. The Board members supported the general recommendation of the proposal for the three properties. Lambert gave background information on how these three sites were acquired. The Cummins House was acquired with a larger portion of land using a federal LAWCOM Grant in the late 1970s. As part of the grant, no mention was made of the historic property, as it was purchased for park purposes. After the purchase, it was determined to preserve the house and grounds. The Riley-Jacques Farm was also purchased with a LAWCON Grant in the 1980s. The City determined to preserve the house, barn, granary and another storage building as part of a historic homestead site. The Smith House was purchased in 1981 for $140,000, using Cash Park Fees to preserve the property. The City gave the Mores life estate so they could remain in the house with no property taxes or repair costs. The City looked after the property and invested money to replace the roof and furnace. Gertz explained that the term"adaptive reuse" is a widely used restoration planning process. The proposal in the report is the same process that would be used by the state or federal government for finding new uses for a historic property. The goal is to adapt the property to for the use but still retain its historic uses. The Glen Lake Camp and Consolidated School are both being used this way. Jan Mosman, Chair of the Heritage Preservation Commission (HPC), said these three historic houses are of similar age and architecture. It has been a challenge as well as an opportunity to find uses for these properties. The CITY COUNCIL NIINUTES JULY 18,2000 Page 19 HPC based its decisions on physical and legal limitations, the City's needs,the cost, and preservation of history. The HPC's recommendations are summarized in the report, as follows: • Cummins House — remain in City ownership, restoration to be completed;uses would be recreational, educational, and cultural. • Riley Farm - to remain in City ownership as a Community Heritage Park and be used for recreation and education programs. • Smith House - remain in City ownership but use for commercial purposes on a small scale, which would still allow for some public access. Leasing would take the burden of rehabilitation from the City. Mayor Harris thanked everyone who has been involved in this work. Butcher said she would like to commend the City's commitment to protecting and preserving the City's resources. The HPC is well known around the State and she expressed appreciation for the work that has been done by the HPC. Also very well regarded is John Gertz, the Staff person on the HPC, whose job is to foster and monitor preservation activities in the City. She thought the presentation for preservation of the three houses is a very reasonable approach. "Mothballing" historic structures is not a very productive way to preserve them. The report shows very reasonable uses for the properties and she supports them. She thought the recommendation for the Smith-Douglas-More House was very reasonable in terms of having an adaptive-reuse suggestion. Case said the report was very well done. He complimented John Gertz for his work and Jan Mosman for her drawings of the properties. With regard to leasing or selling the Smith-Douglas-More House, he said the one historic house people know about is the More House and he found it difficult to think of the City relinquishing ownership control of it. The HPC recommended the leasing option. He knew the City couldn't afford to pay for redundant programming. However, the City has open parkland where uses are minimal, so he didn't have a problem with redundant ownership of the More House, particularly if the cost of repair were removed from the City. He doesn't want to sell it but would look for public/private partnership of the house. He believed that would present an opportunity for the public to access it. Using leasing restrictions, there are many ways the City could lease this house out and still retain control. Tyra-Lukens said she believed people do recognize that house from the outside more than other historic properties the City has. On the other hand she didn't know how strong a desire people have to enter into the house. She leaned toward the idea of exploring the lease option and public/private partnership prior to sale. Thorfinnson said it is a little premature to eliminate any options until they have proposals in hand and know what they will be able to do. They will CITY COUNCIL MINUTES JULY 18,2000 Page 20 have to see what comes forward before making a choice. Butcher said this site is designated a local Heritage Preservation Site and the City can retain a lot of control over what this house can look like even if it is sold. There is adaptive reuse that would work well. The building can remain with the same look outside but have the interior used in a way that it can generate money. Butcher said because we have the other historic houses she believed the Council needs to be aware of the kind of competing element that could happen; i.e.,how many activities will the City want to have taking place at the three sites. That may be a deterrent to participation by the public. Case said that for him it is so much more than just preserving the shell of the building. The City may want to re-take the property some day. If the lease option runs into a dead end, the Council may want to look at another choice. Past City Councils have set these properties aside for future generations to enjoy. Lambert said he didn't think there were a lot of options to sell the other two properties because they were purchased with federal grant money. They were bought for park purposes, not historic purposes. The More House is the only one that can be leased or sold. Mayor Harris said the More House is the most visible to the public. It is the only one that lends itself to the option of leasing or selling. The Council is only talking about obtaining information through Requests for Proposals (RFPs). Then the Council has the opportunity to review this again. The City would still have a lot of control. Butcher said she was pleased with the practicality of the multi-year budget and funding plan for the historic properties. Gertz said the HPC is recommending that the budget not extend over a long period of time. It would be practical to get the houses rehabilitated and into use quickly. One of the intents of the recommendation for the multi-year budget and funding plan was to develop a shorter timetable for the projects. MOTION: Butcher moved, seconded by Thorfinnson, to thank the Heritage Preservation Commission and staff for their work and accept the June 20, 2000, Adaptive Reuse Proposal for City historical properties; to direct staff to develop an RFP for professional real estate services to determine the market feasibility for lease or sale of the Smith-Douglas- More House for adaptive reuse and to market the property for maximum return; direct staff to develop a multi-year budget and funding plan for the Cummins House and Riley Farm within the parameters of the City's budget and CIP; direct staff to develop a program plan for the Cummins CITY COUNCIL M N[JTES JULY 18,2000 Page 21 House and Riley Farm for review by the Parks and Recreation Citizen Advisory Commission and Community Program Board. Discussion followed. Tyra-Lukens asked what was the intended meaning of"market property for maximum return"? Enger replied the intended meaning is maximum return within appropriate adaptive reuse. Case said he would vote against this motion. He didn't agree with the option of selling the More House. In his opinion, it is the same as looking at selling parkland. He agreed with other parts of the motion. The motion doesn't include public accessibility and right of first refusal. He thought Council ought to look at the leasing option fully and then look at other options. Motion carried 4-1,with Case voting"nay." XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Tyra-Lukens' Inquiry about Accidents at Intersection of Dell Road and Pioneer Trail Tyra-Lukens said there have been a number of accidents at the intersection of Dell Road and Pioneer Trail. She wondered what the timetable is for a semiphore at this intersection. Dietz replied his department was made aware of the accidents and has added another stop sign and notice of stop sign as a minimum measure. The signal is expected to be in place within the next 60 or 90 days. 2. Councilmember Tyra-Lukens' Report about Personnel Changes at Southwest Metro Tyra-Lukens reported that Jodi Ruehle has left Southwest Metro after a year of employment. Jean Wickland also is leaving to go back to the construction industry. 3. CouncilmemberTyra-Lukens' Commendation for Police Department Staff Tyra-Lukens commended Mark Vandenberg and Gary Therkelson of the Police Department staff, who have worked closely with the Southwest Metro Transit staff on conversion to the new radio system Southwest Metro is now using. CITY COUNCIL MU-T=S DULY 18,2000 Page 22 4. Councihmember Tyra-Lukens' Inquiry about Deanovich Apartments Tyra-Lukens referenced the minutes of the last Council meeting, when a report was requested on the Deanovich Apartments. She asked if staff had a report ready. Enger replied he now has that information and will include it in Council's information packet prior to the next Council meeting. 5. Councilmember Tyra-Luken's Inquiry About Donation of Apple Trees for Cummins-Grill Property Tyra-Lukens referenced the minutes of the last Council meeting,regarding the offer of apple trees from Eden Apple Orchard, to be planted on the Cummins-Grill property. She noted that issue hadn't been resolved yet. Lambert responded that because the Cummins-Grill house is on the National Register, the City has to have the approval of the Minnesota Historical Society to plant trees on the property. John Gertz checked with the Historical Society and found out that there were no dwarf trees developed in the early 1900s, so only apple trees that were available at that time could be planted. It would be inappropriate to plant dwarf trees, which was the type grown in the Eden Apple Orchard. 6. Councilmember Butcher's Inquiry About Sight Lines Along Pioneer Trail at Settlement Drive Butcher said she was asked to cut the ribbon for the opening of the Settlers Ridge housing development on June 24. A number of residents told her of their concerns about the poor sight lines along Pioneer Trail as one turns south on Settlement Drive. Butcher wondered what potential solutions the City might have so she can get back to them. Dietz replied he received a call about this and has asked the Hennepin County Transportation Department to revisit the sight distances. Modifications were approved to add a median, which changed the sight distances at Settlement Drive. His staff is working with Hennepin County to find solutions. 7. Councilmember Thorfmnson's Report on Traffic Management Conference Thorfinnson said he went to the Western Regional Traffic Management Association Conference in Reno, Nevada, primarily to learn more about traffic management associations and bring back information for the Golden Triangle. He and others on the Golden Triangle Demonstration Project Committee, brought back quite a bit of information and learned much that was useful. CITY COUNCIL MINUTES JULY 18,2000 Page 23 The survey of employees in the Golden Triangle area should be completed by the end of October. In addition, Irene Wright, Executive Director of the Golden Triangle TMA, has been talking to a number of employers, developers and property management companies in the Golden Triangle. Many of them have made commitments to join the Traffic Management Association, and$30,000 in dues have been paid. They are very interested in finding solutions. B. REPORT OF CITY MANAGER 1. Council Workshop Schedule Eager said a Workshop on the City's philosophy for the Southwest Metro Transit Commission, and funding in general for the transportation program, as requested by Council, would be held on August 1, and the Budget Workshop on August 17. Eager suggested moving the Technology Workshop to September 18. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Authorize Preparation of Purchase Agreement for Multi-use Storage Facili , Site Dietz reported that BFI is planning to sell 17 acres of land they own adjacent to TH 212, east of Flying Cloud Airport. Since 1990, the City has identified a need for an outside storage facility site for Parks and Public Works to support on-going maintenance activities in the City. The site could be screened and would be remote from residential areas in the community. Dietz asked Council for authorization to negotiate a purchase agreement and prepare a financing plan in accordance with the CIP budgeting process. Butcher inquired if the land Dietz is talking abut extends as far as Pioneer Trail. Dietz replied no, it does not. If it is purchased, he planned to build a berm around the property,using the City's maintenance staff. MOTION: Case moved, seconded by Thorfinnson, to authorize staff to negotiate a purchase agreement with BFI for approximately 17 acres for utilization of a multi-use storage facility site. Motion carried 5-0. CITY COUNCIL MINUTES JULY 18,2000 Page 24 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Foram 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. XVI. ADJOURNMENT MOTION: Thorfinnson moved to adjourn the meeting. Mayor Hams adjourned the meeting at 10:40 p.m.