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City Council - 08/01/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 1,2000 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 7:03 p.m. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the agenda as published. Motion carried 5-0. IV. MINUTES A. CITY COUNCIL WORKSHOP HELD JULY 18,2000 MOTION: Butcher moved, seconded by Case, to approve the minutes of the City Council Workshop held July 18,2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD DULY 18,2000 Mayor Harris made a correction on page 16, paragraph 4, which should read "Mayor Harris reconvened the meeting at 9:35 p.m.", and another correction on page 16, paragraph 11, which should read"She had read the Building Inspector's report . . ." Lambert made a correction on page 18, paragraph 2, which should read ". . . LAWCON Grant . . .", in two locations. Butcher made a correction on page 19,paragraph 4,which should read`Butcher said. . ." MOTION: Case moved, seconded by Butcher, to approve the minutes of the City Council Meeting held July 18, 2000, as published and amended. Motion carried 5-0. CITY COUNCIL AI MUTES AUGUST 1,2000 Page 2 V. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HEARTLAND ADDITION by Christopher and Kelly Kaeding, and Dariusz and Zofia Padniewski. 2nd Reading for Zoning District Change from Rural to R1-13.5 on 1.88 acres. Location: 13801 St. Andrew Drive. (Ordinance No. 20-2000 for Zoning District Change) C. ADOPT RESOLUTION NO. 2000-126 APPROVING FINAL PLAT OF SUNNYBROOK D. APPROVE THE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR UTILITIES FOR THE DEVELOPMENT OF SETTLERS RIDGE E. APPROVE INFORMAL PROFESSIONAL SERVICES AGREEMENT WITH SEH,INC.,FOR DESIGN AND CONSTRUCTION SERVICES ASSOCIATED WITH THE LANDSCAPING PLAN FOR THE CSAH 1 (PIONEER TRAIL) PROJECT F. APPROVE AWARD OF CONTRACT FOR WELL PUMPHOUSE NO. 14 G. FHtST AMENDMENTS TO DEVELOPER AGREEMENTS by Hustad Land Company for Bluff Country Village East Commercial and Bluff Country Village West Commercial. H. AUTHORIZE EXECUTION OF TRUNKED RADIO USE AGREEMENT WITH SOUTHWEST METRO TRANSIT COMMISSION I. EXTEND PROJECT CLOSING DATE—LINCOLN PARC APARTMENTS MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VI. PUBLIC HEARINGS/MEETINGS A. WALGREENS/BANK PROJECT by Semper Development, LTD. Request for Planned Unit Development Concept Amendment on 3.36 acres to the overall Gonyea PUD, Planned Unit Development District Review 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 Corner of Co. Rd. 4 and Hwy. 5. (Resolution for PUD Concept Amendment, 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 15, 2000 City Council meeting. CITY COUNCIL NIINUTES AUGUST 1,2000 Page 3 MOTION: Tyra-Lukens moved, seconded by Case, to continue the Public Hearing to the August 15, 2000, City Council meeting. Motion carried 5-0. B. IDLEVIEW OFFICE PARK by 78t' Street Properties, LLC. Request for Planned Unit Development Concept Review on 1.21 acres, Planned Unit Development District Review with waivers in the Office Zoning District on 1.21 acres, and Site Plan Review on 1.21 acres. Location: North of Eden Road on Lake Idlewild. (Resolution No. 2000-127 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Enger said official notice of the public hearing was published July 20,2000, in the Eden Prairie News and sent to 17 property owners. Craig Oberlander said he represented the owner of 7928 Eden Road, who purchased the property about three months ago and has been looking at various alternatives for using it. He has also been trying to acquire additional property to the west, but when the purchase agreement was signed, it was discovered that there were environmental concerns related to the property and was unable to get additional time from the seller to complete an investigation. If they are successful in clearing up these environmental concerns, they may be back at some point to get approval of a different plan. The developer, however, is seeking approval for the plan on this property. The property requires a retaining wall and additional material to balance out the site. Darren Lazon, of Landform Engineering, said they are looking for concept and PUD approval on 1.21 acres. This is a three-story, 13,200 square-foot building. They have addressed the concerns of the Community Planning Board. Waivers are requested for building height and the setback for parking. Uram said the project was first reviewed by the Community Planning Board at the June 26 meeting. The Board recommended a two-week continuance for architectural and site-design issues, a TDM plan, and screening of parking. At the July 10 meeting, the Board voted 7-0 to recommend approval of the project, with shoreland and height waivers, subject to a plan change for a 35-foot front yard setback to the building and a 73-foot shoreland setback. These changes have been made on the current plans. The TDM plan is consistent with TDM plans approved for small office buildings. Mayor Harris asked if anyone wished to address the Council on this project. Bob Kooiman, 7936 Eden Road, said he lives next to the property in question. He did have a purchase agreement executed on the property but this was terminated on July 31, 2000. The stated reasons for termination had nothing to do with the environmental concerns, however. He asked that there be a sufficient buffer between the two properties, to conceal the building and the parking lot from the view of the people living in the house. He would not like to see the building project take a long time, and hoped it could be started and completed as soon as possible. CITY COUNCIL NE NUTES AUGUST 1,2000 Page 4 MOTION: Case moved, seconded by Thorfinmon, to close the public hearing. Discussion followed. Tyra-Lukens said she understood the Planning Board instructed staff to have the plans revised to change the front yard setback to 35 feet and the shoreland setback to 70 feet. It appeared to her that the lake setback was changed but the front yard setback is still at 17-1/2 feet. Uram replied the discussion centered around the building setback. The initial plan didn't show parking in the front of the building. The Community Planning Board requested the building be set back to 35 feet and the parking brought to the front of the building. Motion carried 5-0. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000- 127 for PUD Concept Review on 1.21 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers and Zoning District Amendment within the Office Zoning District on 1.21 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. C. GRACE CHURCH by Grace Church. Request for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space to Church on 10.3 acres, Planned Unit Development Concept Review on 63 acres, Planned Unit Development District Review with waivers on 63 acres, Zoning District Change from Rural to Public on 63 acres, Site Plan Review on 63 acres, Preliminary Plat of 63 acres into one lot and road right of way, and EAW Review on 63 acres. Location: South of Pioneer Trail,East of Eden Prairie Road,West of Spring Road. (Resolution No. 2000-128 for Guide Plan Change, Resolution No. 2000-129 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change, and Resolution No.2000-130 for Preliminary Plat) Enger said official notice of this public hearing was published July 20, 2000, in the Eden Prairie News and sent to 289 property owners. Bob Solfelt, 10508 Bluff Road, Eden Prairie, said he has been a member of Grace Church for 35 years. He explained that the architect, landscape architect and project engineer were present. Grace Church is currently located at 53rd Street and France Avenue in Edina. He gave a brief history of the church. It has 6,500 members and an average of 3,500 people attend seven weekly services. The church purchased this property several years ago when they recognized their growth would make the present facility inadequate. The church has held neighborhood meetings beginning in March 2000, and met with the Planning Commission in June and July. They are now seeking approval of the project and an early grading permit. They will begin to develop the property when they receive approval, and hope to finish the first phase in about two years. John Justus, architect with HGA, said this project is for a 600,000-square-foot church complex located south of Pioneer Trail, east of Eden Prairie Road and CITY COUNCIL MINUTES AUGUST 1,2000 Page 5 west of Spring Road. The 4,500-seat worship center would be located in the heart of the site. There will be six separate buildings. Phase I will be approximately 300,000 square feet and consist of the worship center and religious education space, plus 2,000 on-grade parking stalls, located along Pioneer Trail and Eden Prairie Road. Full development includes an additional 300,000 square feet for fellowship, education, and family center uses, and a 1,000-space parking deck. Two watersheds cross the property; and all site drainage will be directed to a NURP pond that will be located in a low area in the west central portion of the site. To answer the concern of neighbors on the west and northwest, there will be 5-to 6-foot berms constructed along Eden Prairie Road, Pioneer Trail and Spring Road. Parking setback from the road is 50 feet from Spring Road, 75 feet from Eden Prairie Road and 62 feet from Pioneer Trail, which meets City Code. The parking for 2000 cars on grade is broken up into six major lots. There will be a need for additional parking in the future, and so they are proposing to build a parking structure along Spring Road, which is the farthest point from any residential areas. There will be 1,000 stalls in the two-story structure. There will be two entrances into the property; one from Spring Road and one from Eden Prairie Road. Tyra-Lukens asked where the religious tower would be located. Justus replied this tower/spire is not included in Phase I. It would be located at the corner of Pioneer Trail and Spring Road and will be 133 feet tall, in the shape of a cross. Metropolitan Airports Commission said there would be no problem with that height, and it does not need hazard lighting. There are no plans to have it lit. Another, smaller cross will be placed above the chapel to identify its location. Justus said three major materials would be used; one-third will be brick, one-third glass and one-third will be stone in three colors. The roof is metal and heights are variable. Uram said the Community Planning Board voted 6-1 to recommend approval of the project to the City Council at its July 10, 2000 meeting. The recommendation included supporting waivers for building and spire height, and a temporary stucco wall, but not waivers for proposed exterior material. However, Uram said it now makes sense to approve the waiver for exterior material because the diversity of materials creates diversity of design and texture and provides architectural relief, which makes the building much more interesting. Therefore, staff is recommending a waiver be accorded for exterior building materials. A traffic study was prepared, which was based on existing and future traffic and assuming a number of road improvements will take place. The project is compatible with proposed airport expansion and meets the requirements for the Met Council's Compatibility Guidelines for Airport Noise. An archaeological study was conducted and there were no archaeological features of significance on the property. The EAW was prepared and is to be presented at the second reading for approval. CITY COUNCIL NIINUTES AUGUST 1,2000 Page 6 Tyra-Lukens asked if there is still a request for a sign waiver. Uram replied the sign plan has been revised to reflect City Code. Tyra-Lukens asked if there is a plan showing the signs. Justus replied no, but there would be three signs on the site, one at each corner, 80 square feet each, made of the same material as the base of the building. Butcher asked if Council will be approving the spire height at this point, or if it will come before the Council prior to Phase H. Uram replied it would not come back for before the Council, as it is part of the overall plans for the property. Butcher asked, for a visual comparison, how many parking spaces does Pax Christi have on its campus? Justus replied Pax Christi has 688 spaces on a 28- acre site. Enger said the Eden Prairie Center has 5,000 parking spaces. Case asked how tall Wooddale Church's tower is. Uram replied it is 70 feet tall. Regarding the realignment of Spring Road, Dietz said a decision will not been made on retaining the traffic light at Spring Road and Pioneer Trail until final design is completed. Hennepin County would be involved in that decision, but Eden Prairie has always had a strong role in approvals of County road plans. Case asked Dietz to comment on the projected amount of traffic exiting the church parking lot that will be using Pioneer Trail at 1 p.m. on Sundays, when church members are leaving worship services, compared with 5 p.m. on weekdays. Dietz said he believed the traffic study shows that on weekdays, the traffic would be 200-300 vehicles per day. On Sunday at 1 p.m., traffic is projected to be about 2,500 vehicles per day. Case inquired about future improvements to Pioneer Trail/County Road 1. Dietz said Eden Prairie Road needs to be reconstructed first to accommodate this project. He believed that portion of Pioneer Trail is in Hennepin County's budget plan for 2002 for expansion to four lanes. However, they haven't started design work yet, so he guessed that project will slip one or two years at the minimum. Case said he noticed at the intersection of Spring Road and Pioneer Trail there is a large tree mass, and he asked if there is a possibility those trees could remain. Solfelt replied they would prefer to leave some of those trees; however neighborhood residents requested berming around the site, and because of the berm those trees that are there won't survive. New trees would be planted on top of the berm. Case asked if the trees adjacent to the parking lot could be left. Solfelt said they could work with City staff and try to keep some of the trees. Case said his recommendation would be to look into doing that. The neighbors might want to supplement the trees that are there with a berm, rather than having a berm with small trees on top. Solfelt said their plans take into account the expansion of Pioneer Trail to a four-lane road, to avoid having that project destroy the berm and trees. CITY COUNCIL MINUTES AUGUST 1,2000 Page 7 Mayor Harris asked how the timing of church construction coincides with County Road 4 realignment. Dietz replied that a public hearing was held on the feasibility study for Charlson area improvements, which was approved by the Council. The City staff has been working with the attorneys for MAC and Lynn Charlson on agreements for cost- sharing of the road realignment and utility project. The City is planning to let a contract for realignment of Eden Prairie Road next spring. He believed it would be finished in two years, which would coordinate with the completion of Phase I of the Grace Church complex. In order to issue a building permit to the church, the City needs special assessment agreements with three groups: Grace Church, Lynn Charlson and MAC. With this project, the City is asking for a special assessment agreement with Grace Church and with Charlson. Dietz said he had just received, from City attorneys, a draft of an agreement on a stipulation on how to deal with the MAC property. If the City doesn't have those three agreements by next spring, there would still be award of contract for realignment of Eden Prairie Road. Once that occurs, the City is committed to go ahead. Dietz has discussed a third option with Mr. Solfelt. That is, Grace Church could go on its own and pay to create a portion of the reconstructed part of Eden Prairie Road, including sewer and water connections. That would be the most expensive alternative for Grace Church. However, Grace Church asked to take control of the timing if it was necessary. Mayor Harris asked if anyone wished to address the Council on this proposal. Tim Anderson, Deputy Executive Director of Operations for Metropolitan Airports Commission, said his reason for being here is that he has not heard from Grace Church that they understand the potential impacts of airport traffic to the future facility they are planning to build. Traffic from the airport is largely recreational on weekends and that is when church services are held. He wants to be assured Grace Church is willing to live with this and would not come to the airport commission in the future asking MAC to mitigate air traffic operations due to noise. Justus said the church commissioned a study and took readings of current noise levels and studied projected noise levels. They hired an acoustical consultant and the architect is designing into the church structure adequate mass and air space, plus some absorptive materials, to mitigate the average noise conditions. There are some peak conditions it would be very difficult to mitigate without extensive mass on the church. They have studied the criteria and believed they are on the way to solving the problems. Anderson said in addition to aircraft noise, there is also the frequency of planes flying over. This is a traffic pattern area and there is the potential for overflights over the church,which will be increasing in the future. He didn't want the church later on to ask the airports commission where this traffic came from. He hasn't heard from the church yet that they won't ask for mitigation. CITY COUNCIL ME MUTES AUGUST 1,2000 Page 8 Case read the motion from the Flying Cloud Airport Advisory Commission minutes, stating that"the building of this church is an inconsistent and unwise use of this property." Case said it is zoned Public Open Space, so something was going to be built there, and he expressed concern that MAC is coming forward now to try to remove some liability on their part in the future. He hoped the church does join the City at a future time in telling MAC "don't increase jet noise." If Anderson believed his statements would stop the City and the church from ever doing that,he would be mistaken. Butcher said there is a church located near the proposed church and wondered if any comments had been received from them related to airport noise. Uram said he attends the Presbyterian Church near the location of the proposed church, and from his experience has not noticed any airport noise problem. Justus said the Grace Church sanctuary is not designed with any windows, whereas the Presbyterian Church has windows around the sanctuary. In response to Case's statement, Anderson said he believed there would be comments in the future. Although people don't like to talk about accidents, it is a concern that should be mentioned, even though an accident is unlikely. He wanted the church to be aware that there is an airport in the area. Carol Hipps, 15512 Almond Lane, said she lives in a townhouse three streets away from Pioneer Trail. She believed the church has made a lot of compromises on the landscaping. Her concern is that there will be an excess of traffic on Mitchell Road. When they moved into the townhouse,they were assured Mitchell Road would not have heavy truck traffic on it and she wanted to be sure that assurance is met. Dietz responded there is no question that the traffic Grace Church generates will not over-burden Mitchell Road. When you consider there was going to be some use of this property, this church will be a better compromise for all of our road system, except for a couple of hours on Sunday. After the additional two lanes are added at the northbound approach of Spring Road at County Road 1, it will have a Level of Service of C. He said he couldn't promise there would be the same levels on Sunday at 1 p.m.,however, but that is a better compromise for six days out of the seven, and would be better for the neighborhood than an industrial or residential development would have been. Hipps asked if there are any plans in the future for Mitchell Road to be widened to four lanes. Dietz replied yes, Mitchell Road from Cumberland north is in the City's 2005-2015 Transportation Plan but nothing to the south of that. This is recognition that there may be a need to widen it to four lanes, but no prioritizing or funding have been established. Nothing else has been identified in the Transportation Plan for Mitchell Road. Tyra-Lukens asked if the City has the authority to regulate truck traffic on Mitchell Road. She also wondered about the problem of traffic that is already CITY COUNCIL MINUTES AUGUST 1,2000 Page 9 generated by Flying Cloud fields, and the increase that will be generated by Sunday morning and Wednesday evening services at Grace Church. Dietz said, with regard to trucks on Mitchell Road, the City does not have the authority to limit trucks because the road was funded with Municipal State Aid Funds, so trucks are allowed on it. However, when building and grading permits are issued,the City can designate routes for trucks to use. He could see no reason for trucks to use Mitchell Road as a haul route when Pioneer Trail is available. With regard to Wednesday evening services, he was not sure about the church's plans, but guessed there would be some trips to and from the church in the evening. Solfelt said he checked with the Parks and Recreation Department and over the last few years there has not been use of the soccer, football or baseball fields on Sunday afternoons. On Wednesday evening, the church has programs for its youth that includes K-6,junior and senior high students. They have 700 students who currently participate in those programs. There are also choir practices and prayer meetings on Wednesday evening. John Hamel, 16260 Valley Road, said he welcomes Grace Church. His one concern is school plane traffic from the airport. He would like to see that traffic using the south runway, flying over the river valley, rather than the north route over Pioneer Trail. He questioned the realignment of County Road 4, connecting the planned increase in traffic on County Roads 4 and 1, and directing it to TH 212. He thought it would be in the best interests of the church not to have the road realigned. MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2000-128 for Comprehensive Guide Plan Change from Low Density Residential and Public Open Space to Church on 10.3 acres; and adopt Resolution No. 2000-129 for Planned Unit Development Concept Review on 63 acres; and approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from rural to Public Zoning District on 63 acres; and adopt Resolution No. 2000-130 for Preliminary Plat on 63 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and Council conditions; and direct Staff to issue an early land alternation permit to Grace church to proceed with grading at their own risk. Discussion followed. Tyra-Lukens said the first issue is the traffic. She has worked at the soccer fields at an international soccer tournament on a Sunday afternoon, and is concerned about traffic on Sunday and Wednesday nights. She didn't want the existing associations and clubs to have to alter their schedules in order to accommodate church programming, because those groups have been around for a long time. The second issue is the loss of 100 percent of the trees on the property. She believed something could be done about the existing trees, such as building retaining walls to protect the trees. With regard to planting new trees on top of berms along the edge of the lot, growing trees on top of berms takes years. She CITY COUNCIL MINUTES AUGUST 1,2000 Page 10 would like City staff to look at the landscaping plan and to tie in berms with the existing trees. The Planning Board talked about lighting of the property, and a suggestion was made that lighting be reduced at night in the parking area. Tyra-Lukens said this will be a sizable campus with education buildings, and wondered if there is the potential for a school in the future. If so, would the church have to come back to the City for approval? Enger said the church would have to obtain approval. Mayor Harris said Council would like Staff to look into preserving the trees and what the trade-offs might be in terms of screening, and to add this as a Council condition to the motion. Case said when churches come into a community it is healthy for the community. In some cases they may not be able to manage the traffic they generate. He thought this church may need some police help in getting traffic in and out of their parking area, and this is an expense he would like to see borne by the church. Motion carried 5-0. Mayor Harris said she applauded the church for its excellent job of working with residents in the neighborhood to craft a plan that brings the City a gracious building, and also applauded the work of the Planning Board and City staff. Mayor Harris called a recess at 8:30 p.m., and reconvened at 8:40 p.m. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfinnson,Tyra-Lukens and Harris voting"aye." VHI. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Jan Mosman, 15117 Scenic Height Road, Chair of the Heritage Preservation Commission, said the reason she was there is to have the best possible communication with the City Council, to give Councilmembers a succinct wrap- up of issues, give any updates, answer questions, and get comments. She would like to come before the Council three to four times a year, December being the next. This presentation included six topics. CITY COUNCIL AIEWTES AUGUST 1,2000 Page 11 1. Meeting of HPC at Cummins Grill House The HPC requests that the members be able to meet at the Cummins-Grill House for some of its monthly meetings each year. They have done so three times in the last two years and had an extra Saturday morning HPC workday there. The building is publicly owned and ADA accessible; public notice of the meetings were and can be given well ahead of time; there is heat, light, and now an indoor restroom. There were guests at two meetings (unusual) and the members feel that meeting here is productive for times when they are dealing with house, garden, fence and event issues. 2. Smith Douglas More House Regarding the topic of historic houses from the July 18 Council meeting, Mosman felt the need to clarify the HPC's intent on the Smith Douglas More Homestead. * If the HPC was recommending its highest and best use for the three houses, it would have kept all, fixed-up and maintained all, used all. There wasn't a lack of interest, a lack of potential uses, a problem of feasibility, a problem of structural integrity. There was really only the pressure of finances all around. They came down to the responsible level of recommending lease of the More house, but the HPC never intended sale to be even a thought until the leasing option is completely considered. (a) Along this vein, the HPC would like to be involved to whatever extent Council will allow them to be in helping find a lessee, in setting parameters for that contract, and in developing a way, be it annual tours, a picnicing area, or signage and a rest stop off the two nearby trails for the interested public, on this 1.7 acres. (b) John Gertz and the HPC have started looking at other communities' lease arrangements to aid in putting Eden Prairie's together. A number of fascinating uses are coming out, which HPC can document if the Council would be interested in seeing this list. (c) Public Support. Mosman said she has been told the Historical Society Board has written letters to the City Council. It would be interesting to hear the Council's reaction on how it feels the public can best show interest in issues such as this: letters to Council, letters to the editor, phone calls to Council, presence at meetings, or signing petitions. * See the August 15,2000, City Council Meeting Minutes CITY COUNCIL MINUTES AUGUST 1,2000 Page 12 3. CLG Grants (a) Interpretive signs—Interpretive signs for historic sites have layout and artwork almost completed. This, along with the limited text, will be going into production soon, and there will be some very easy to look at, creative signs up this fall. (b) Overlook Site — The grant money to complete National Historic Registration nomination has been received, and that process will be finished by early fall. (c) Eden Center — The third grant applied for and received is being used for reroofing the dormitory and the old dining hall later this fall. 4. Apple Trees left at Arlene Marshall's Orchard Site The HPC had been offered old apple trees one-and-a-half years ago by Arlene Marshall. The HPC immediately accepted these for the Cummins- Grill property. The old variety issue didn't come up until much later. Current information on this is: Lee Johnson of US Homes Corporation has saved 100 trees. He is planning right now to try to have 50 near the Pioneer Trail edge of this development and move 50 more to the conservation zone on the south end. Securing a tree spade is a problem he is grappling with,which has not been solved yet. John Gertz has dug through diaries and found some of the old varieties that could be used at the Cummins-Grill House for a small orchard. The apples would need to be sprayed and could be used for education and actually making pies for demonstrations. 5./6. Peonies at the Cummins-Phipps-Grill Homestead The formal old garden east of the house has over 400 plants in 10 rows, which were planted starting in 1904 by Harriet Phipps. About 11 years ago, according to Eden Prairie Garden Club minutes and letters to the City, this peony bed was tackled and improved; it was then turned over to the City for maintenance. The Parks and Recreation Department had a lot of other things to do, the gardens were not given much attention, and four years later the plants were barely alive. The current garden club group then took this on as their main volunteer service project. The City sent in wood chips and straw when requested, grubbed- out weed trees and shrubs along one side, and delivered an old hand mower for use in cutting grass between the rows. The club is small, and 90 percent of members are not retired, but they put in about 420 man- hours over three seasons, working in heat, drought, mosquitoes, flies, gnats, snakes, thistles and nettles, and all by hand, and raised these back CITY COUNCIL MINUTES AUGUST 1,2000 Page 13 up from one little finger-sized shoot in some cases and a small handful of blooms in 1998, to great, healthy plants with hundreds of lush blooms in June 2000. This shows how important simple, but continuing, care is. When the mower proved too pathetic for words, the workers started bringing their own weed whips and mowers every time, plus hand tools, and cleaned up after themselves. The amount of work needed on a regular basis was getting to be a strain. When they were told this spring that they couldn't have a key anymore to the shed and house, and were to be charged$25 per hour to hold meetings there or at the Outdoor Center, and be let in and out by a City staff person, that was the last straw, and they have now informed the City through their minutes that they will no longer work on the peonies at all. The garden club is giving the City the notes on extensive, multi-source research done on peony maintenance and their best recommendations. They are leaving it in a condition where it can now be maintained partly with larger equipment a few times each year rather than weekly. It has proven in the past to be too much for Eden Prairie Facilities to properly watch over these heirloom flowers and put them as top priority at the correct times each year, so Mosman felt that the City needs to hire a professional company to handle this garden. She didn't know who else to suggest besides herself to obtain estimates for this, so she will do this if directed. The garden club president said that they will meet once with the chosen garden professional. The maintenance notes are being completed for the files. The Eden Prairie Garden Club was originally planning to co-sponsor with the City a spring event at the house when the peonies would be blooming next year, and Mosman said she is hoping that the City will consider organizing a simple tea and tour to take advantage of the spectacular display. Mosman's final recommendation on this was that there be some type of public commendation from the City for the huge amount of TLC given by a core group of about 12 garden club members in bringing back these amazingly tough old beauties. Mayor Harris commended the garden club for all its work, and asked if the relations between the garden club and the City are so strained they are irreparable. Mosman replied she believed it was partly a security issue, as the garden club always had had a key, kept by the president. There was a worry by the City that too many different people had keys to various buildings. The garden club only used the house for meetings two or three times and had an open house there. Lambert said the key problem came up when discussing security at a number of buildings. He found out the Grill House was one of those. The Parks and Recreation Department decided to stop this and changed the locks. Sometimes CITY COUNCIL NIINUTES AUGUST 1,2000 Page 14 the buildings were left open and the department didn't know who did it. As far as the garden club was concerned, the department said they would let them in at no charge,but any other group wanting to use these buildings would have to pay$25 per time to have someone open the building. If the garden club were going to be there to work, the department would have to provide someone to open the building. Mayor Harris said she could understand the security issue. However, she thought perhaps the City can work with those who are working with the City,to give them access without actually giving them a key, and to let them meet at the house free of charge. Thorfinnson said if the City is going to pay someone to maintain these flowers, it would be better off to work this problem out with the garden club. Mosman said the garden club is no longer interested. The members are somewhat "burned out." Stan Tekiela has asked the garden club to maintain the flowers near the Outdoor Center, and the garden club voted to stay and work there. Thorfinnson said he applauded the HPC for taking this opportunity to speak and give a report. The HPC is the first commission to do this. In the future he would like to get the material in the information packet beforehand. When it is on the agenda there should be something in the packet. Tyra-Lukens said she would like the HPC to meet at the Cummins House. She thanked Mosman for clarifying the intent of the HPC on the three historic houses. She was also interested in hearing about the apple trees. Mosman said they are hoping to find out how far back the dwarf apple trees go, and if they can't be used at the house. Enger said they looked for types of trees planted would look back to when the orchard at the Cummins House was active and what trees would have been seen at that time. The State said there were not the type of horticulture varieties available at that time. It may be that these varieties are not appropriate,but other ones may still be able to be purchased. Tyra-Lukens said the peony garden sounds beautiful and she hoped it would not be lost. She was in favor of getting estimates for a professional gardener. Enger responded he didn't see the HPC recommended to the Council that estimates be obtained. He asked who this recommendation came from. If the peonies need to be maintained he was unaware the HPC made a recommendation. Mosman said the HPC did not make a recommendation. She made the recommendation as she is a member of the garden club and received the minutes. This matter would probably have to go back to the HPC at its August meeting. CITY COUNCIL NIINUTES AUGUST 1,2000 Page 15 Enger said he recommended the Parks and Recreation Department staff, Facility staff and John Gertz work with the HPC on how the garden can be maintained and find out if it can be included in the existing budget. If there needs to be an increase in budget, that would be part of a recommending process coming to the Council for approval. He didn't know if the City would want to get separate service contract to hire a professional gardener. Tyra-Lukens asked if Council could get an update on what is decided between the HPC and staff. Mayor Harris said it is appropriate for staff to work with the HPC; otherwise the Council is adding things into the budget that haven't been discussed. Butcher said always enjoyed meeting at the Cummins Grill House when she was a member, but it wasn't comfortable. They were concerned about ADA requirements at that time. She was pleased restoration has gone on in the meantime, and she would like the HPC to meet there. Regarding clarification in terms of the Douglas More House, she asked if Mosman agreed that preservation is the goal for that house. Mosman agreed,but referenced the HPC report that discussed trying to have some public accessibility because there is so much interest in the house. Case said his concern is with the process regarding the matter of the keys. It appeared this was a question of legalism, enacting it to the point where people get hurt. He believed Council would want the garden club to meet at the Cumming Grill House. With regard to the garden club, somebody should think about all the work they have done there and the fact that the City is losing them. If the Mayor would be willing to do so, he would recommend some formal commendation to the garden club. Mayor Harris replied she would support writing a commendation statement. She was concerned that feelings are hurt and Council should take action to amend that. Mayor Harris said the Council was in agreement that there should be an opportunity for the HPC to meet at the Cummins House and there is no reason why the HPC should not meet there. She would ask staff to look at how to make that possible and would also have staff look at the issue of the peony garden and to work with the HPC. XI. APPOINTMENTS XIL REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES AUGUST 1,2000 Page 16 2. Report on Request for Proposals for Professional Real Estate Services for Market Feasibility and Marketing of the Smith/Douglas/More House Enger said on July 18, the City Council directed the staff to draft a Request for Proposals (RFP) for a real estate professional to: 1. Determine the market feasibility of lease or sale of the Smith Douglas More House for adaptive reuse; and 2. Market the property for maximum return on the City's investment through lease or sale within the framework of adaptive reuse. The City purchased the property with Cash Park Fees in 1981 for $140,000 and Life Estate. With a 6 percent cost of money, capital improvements, payment of taxes and maintenance, the City has a cost of over$500,000 in the property. The RFP presented may be adopted as is or with changes directed by the City Council. Staff will then proceed to solicit the proposals and make a recommendation to the City Council on selection of a qualified professional. Council could accept that recommendation or select a different real estate professional and contract with that person to move forward on a market analysis. After that is done,the Council would make a decision whether or how that property would be marketed. Case said since the July 18 meeting he had been wondering why the Council wasn't looking at alternatives to lease or sale of the house. He said one reason the Council reorganized the commission structure last fall was to place special interest requests for spending into the larger City budget picture. If the Council agrees that is good idea for considering expenditure of City funds, he wondered how the Council could consider leasing or selling a City resource in one area that is out of context of the whole budget picture. In this case, he believed the Program Board was only asked to look at the Smith Douglas More House in relation to the other historic properties, in isolation from the big picture. From the calls and letters he has received on the subject of the Smith Douglas More House, he doesn't believe people want the City to consider sale of the house,which is an irreplaceable historic resource. Case asked Council to table this matter until more information is obtained from the community survey in October. He hoped the survey would help the Council consider what citizens want done over the next decade in relation to other expenditure requests. Council is trying to decide what to do with one historic property in isolation, which the Community Program Board was formed to prevent happening. The Program Board looked at the More House in isolation, in relation to the other historic properties. If the City has such limited funds that it would consider selling a remaining remnant of what used to be downtown Eden Prairie, then, in the big CITY COUNCIL AEGS=S AUGUST 1,2000 Page 17 picture, perhaps it should consider selling public-owned land. He suggested Council send the proposal back to staff, wait for the results of the community survey, and let the Community Program Board study this proposal to sell the house in the context of all the City's other resources. Butcher said she was surprised at Case's comments, because to her the goal of the City and the Heritage Preservation Commission is to preserve the City's historic structures. There is a large degree of work that needs to be done on the Smith Douglas More House to restore it, which would be extremely costly for the City to undertake. The HPC presented two options: one was to lease the house and the second one was to sell. The Program Board agreed to that. The house is being preserved through a City Ordinance. No one can touch it without review by the HPC, a recommendation from the HPC through the City Staff and then the City Council. Through lease or sale of that property the City can still preserve the house. Adaptive reuse is the most strategic tool the City has to preserve the structure. Butcher said she talked with Charles Nelson, architectural historian for the State Historic Preservation Office, who helps cities figure out how to preserve structures. He said adaptive reuse is the answer for this situation. The City of Eden Prairie has a great commitment to historic preservation. The City has a full-time historic preservation specialist, John Gertz, which few small cities have, and the Heritage Preservation Commission, which has done so much work over the past decade and has received accolades for its work. On behalf of the City, John Gertz applies for grants every year and is rarely turned down. Butcher emphasized that, in sending out the RFPs, the Council would be merely gathering information about a possibility. Butcher referenced the fact that when the City adopted its strategic initiatives, Council agreed to do "more with less" and also talked about balancing competing interests. One of these competing interests is preservation of the City's historic structures. The CumminG property has only been open a few times a year for special events, and the Riley property has not been used for any activities so far. Butcher said it seemed imprudent for the City to hold onto the Smith Douglas More House in case a use might be found, putting the burden of preservation on the City. She viewed selling or leasing the property as a "win-win" situation for the City. She was willing to look at either leasing or selling the property. Tyra-Lukens said she didn't believe anyone was questioning Eden Prairie's interest in preserving the property. By sending out RFPs, the Council is just gathering information, but she wondered what she would do when the information is obtained on leasing or selling possibilities, and what that income would let them do with the other historic properties. When Council gets the information on what the leasing or selling possibilities are for this property, she will be wondering where else the CITY COUNCIL MINUTES AUGUST 1,2000 Page 18 City can get the money to preserve it. Tyra-Lukens agreed with Councilmember Case that the Community Program Board was formed,with people from a variety of backgrounds,to look at everything that is happening in the community,to balance one area of need against the other, consider demographics, etc. Tyra-Lukens said she didn't get the sense this discussion on historic properties went through that process. When she thought about the land and building as Park and Recreation space, it changed the way she looked at maintenance and use of it, because she considered it in conjunction with other Park and Recreation property. Tyra-Lukens recommended gathering all the pertinent information, then asking the Program Board how the historic properties fit with other City- owned property and what they think the priorities of the City are. She doesn't think the Program Board has enough information to make that decision in context of everything else that is going on in the community. Mayor Harris said she believed the Program Board did do that. What they have done is provide a recommendation based upon the City's ability to maintain three historic properties. What they have recommended is a way of preserving the integrity of this historic property through adaptive reuse. The Council is being asked to review the possibilities of how adaptive reuse might take place, either through lease or sale. In that evening's workshop, Council discussed having a community survey that would focus on what residents want, and that will take place about the time the consultant is submitting his results. We can throw those results out, accept one of two options that have been discussed or something in between, or retain the right to make a decision at a future time. Mayor Harris said, given the difficulties the City has at present with the competition for dollars and Council's determination to remain fiscally prudent, she wondered how they are going to program rehabilitating three structures. One of Council's goals has always been to look broadly across the community and try to obtain the most benefit for the greatest number of people. So Council will have to make some trade-offs. This will be in competition with police cars, a new roof for the city center, and other capital needs. She could see no reason not to move forward with this RFP, so she would have the information it will provide when she is considering all those other needs of the community. Tyra-Lukens said her concern is about the process and use of the Community Program Board, and fitting this in context with other needs of the community. Mayor Harris said the Council has determined prioritization of capital improvements, with "A" projects the top priority. At the time Councilmembers adopted that list, they made a commitment to see that CITY COUNCIL MINUTES AUGUST 1,2000 Page 19 those projects were done. Council also adopted a policy to do more with less and use resources more effectively. She said they have been doing that, and a decision on leasing or selling this property is what this is all about. The City wants to retain this structure and at the same time make it a living and viable building in the community. Case responded that the list of capital improvements didn't include the three historic properties, and it was acknowledged there are more items that should be added to the list. He said the money is there, but allocating it depends on what you value. He values historic homes. In the context of all the other things that need to be funded, he doesn't believe Council has had that discussion, and the City has moved these houses away down on the list. Thorfinnson said criticizing the process that was used to make recommendations on the historic properties was inappropriate. The Community Program Board was appointed and trained by the Council. The members know they make decisions based on the greater context of other City needs. He has heard from people who say three houses are too many, so Council has to consider that there are people who don't want to keep all three. In soliciting proposals, all the Council would be doing is gathering information. Councilmembers should go into this with an open mind, gather the information, and then make a decision. Butcher agreed the process that was followed was very reasonable, and all the Councilmembers agreed to follow this process when the commissions and boards were set up. Preservation of the houses is the goal and it can be accomplished through private ownership. She gave the example of a house in Maple Grove that has been renovated into a Victorian-style tea room. Case responded he disagreed with the process. He believed the Program Board was charged with too specific a task; they should have been given a broader view. Tyra-Lukens said preservation of the houses is the goal here and she was not convinced the only way or the best way would be through adaptive reuse. She didn't think that other options had been really explored, such as using the house for the City's museum or for a City office. Perhaps the City could sell some other property and use the money to preserve this house. When information is received through the RFPs about the sale or lease of this property,it will be based on a numerical figure, and not based on the needs and wants of the community. Thorfinnson said the Council voted at the July 18 Council meeting to have staff prepare an RFP. All Councilmembers were involved in that process. When the proposals are received,then Council can send it back with a new charge if they don't like the information. CITY COUNCIL MINUTES AUGUST 1,2000 Page 20 Butcher added she understood what Tyra-Lukens said about finding a use for the house, but it doesn't answer the question about who will pay for the preservation. She said she has worked with historic structures and museums for a couple of decades, so she knows a great deal about this subject. It is a rare situation where museums in historic houses are able to function successfully and to accommodate a collection of objects in a responsible way,because of the cost of preservation and maintenance MOTION: Butcher moved, seconded by Thorfinnson, to approve the Request for Proposal for professional real estate services to determine the market feasibility of lease or sale for adaptive reuse of Smith Douglas More House and to market the property for maximum return on the City's investment within the framework of adaptive reuse, and direct staff to solicit proposals and return to the City Council with recommendation of a preferred Real Estate Professional. Motion carried 3-2, with Case and Tyra-Lukens voting nay. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 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 XIII. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30 --6:55 p.m. in Heritage Room II. 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. XIV. ADJOURNMENT MOTION: Tyra-Lukens moved to adjourn the meeting. Mayor Harris adjourned the meeting at 9:45 p.m.