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City Council - 06/19/2001 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,RUNE 19,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ron Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, 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. 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. IV. PROCLAMATION DESIGNATING JULY AS PARKS AND RECREATION MONTH IN EDEN PRAIRIE Mayor Harris read the proclamation designation July as Parks and Recreation Month in Eden Prairie and encourages all citizens to celebrate by participating in park and recreation. V. PRESENTATION OF MINNESOTA RECREATION AND PARKS ASSOCIATION AWARDS OF EXCELLENCE Donna Tilsner, from the Minnesota Recreation and Parks Association Awards Committee,presented the City with two awards. She said residents could be proud of the services and facilities in Eden Prairie. One award was for Administrative or Management Strategies with Technology, which was presented for the use of technology through the 2000 Community Forum to better serve the City's residents. The other award was for Communications, and was presented for the park interpretive panels recently placed throughout the City at the various historic sites and environmental areas. CITY COUNCIL MINIMS June 19,2001 Page 2 VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published. Motion carried 5-0. VH. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,DUNE 5,2001 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the Council Workshop held Tuesday, June 5, 2001, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,RUNE 5,2001 Butcher made a correction on page 9 in the first paragraph, the seventh sentence, which should read". . . with the help of City staff and the Planning Board, . . ." She made a correction on page 16 in the second paragraph, the second sentence, which should read"One neighbor reported currently construction on the site. . ." Tyra-Lukens made a correction on page 9 in the second paragraph, the third sentence, which should read ". . . the proponent made previously that mixed-use housing . . ." Mayor Harris made a correction on page 16 in the first paragraph, the last word in the first sentence should be "amendment." The third paragraph on that page should be corrected to read". . . an acre of land 25-feet deep . . ." She also made a correction on page 22 in the fifth paragraph, the first sentence, which should read "Mayor Harris asked what is the possibility of Hartford being able to . . ." MOTION: Mosman moved, seconded by Butcher, to approve the minutes of the City Council Meeting held Tuesday, June 5, 2001, as published and amended. Motion carried 4-0-1, with Case abstaining due to his absence for part of the meeting. VH1. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BLUFF COUNTRY VILLAGE AMENDMENT by The Bluffs Company. 2nd Reading Planned Unit Development District Review on 7.2 acres, Zoning District Amendment within the Neighborhood Commercial Zoning District on 4.0 acres, Zoning District Change from Rural to Neighborhood Commercial on 3.0 acres, and Site Plan Review on 7.2 acres. Location: Pioneer Trail and Hennepin Town Road. (Ordinance No. 18-2001-PUD-13-2001 for PUD District Review, Zoning Amendment and Zoning Change and Resolution No. 2001-105 for Site Plan Review) C. FLYING CLOUD BUSINESS PARK by Moen-Leuer Construction. 2nd Reading for Planned Unit Development District Review with waivers on 19.3 CITY COUNCIL MINUTES June 19,2001 Page 3 acres, Zoning District Change from Rural to the I-2 Zoning District on 19.3 acres, and Site Plan Review on 19.3. Location: Northwest Corner of Pioneer Trail and Flying Cloud Drive. (Ordinance No. 19-2001-PUD-14-2001 for PUD District Review and Zoning Change and Resolution No. 2001-106 for Site Plan Review) D. ADOPT RESOLUTION NO. 2001-107 APPROVING THE FINAL PLAT OF FLYING CLOUD BUSINESS PARK E. ADOPT RESOLUTION NO. 2001-108 DECLARING THE CITY'S INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES IN 2002 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR TRAFFIC, TRAIL, AND WATERMAIN IMPROVEMENTS AT THE INTERSECTION OF TH 212 / VALLEY VIEW ROAD / BRYANT LAKE DRIVE,I.C. 01-5543 G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION FOR THE 2001 BOG-MONITORING PROGRAM AT THE BEARPARTH GOLF AND COUNTRY CLUB H. APPROVE HENNEPIN COUNTY RIGHT-OF-WAY USER REGISTRATION APPLICATION I. APPROVE RAISING AMOUNT OF DUES PAID TO THE I-494 CORRIDOR COMMISSION FROM 10 CENTS PER CAPITA TO TWENTY CENTS PER CAPITA J. APPROVE 2ND READING OF ORDINANCE NO. 20-2001 REPEALING CITY CODE SECTION 2.27 AND ABOLISHING THE FLYING CLOUD ADVISORY COMMISSION MOTION: Tyra-Lukens moved, seconded by Mosman, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS HOUSING REVENUE BONDS (Resolution) Enger reported the proponent was not ready to proceed, and requested continuance of the public hearing to the Council meeting on August 7,2001. MOTION: Case moved, seconded by Mosman,to continue the public hearing on proposed refunding of Park at City West Apartments Housing Revenue Bonds to the August 7,2001 City Council meeting. Motion carried 5-0. CITY COUNCIL H[NUTES June 19,2001 Page 4 B. FEDERAL LOCAL LAW ENFORCEMENT BLOCK GRANT Enger said the Eden Prairie Police Department applied for and was awarded a Federal Local Law Enforcement Block Grant, in the amount of$10,327, with a matching amount of$1,147. The Police Department intends to use the money to replace the outdated "digital imaging booking system', which will no longer be supported by the County and State. The total cost of the equipment will be less than $18,000; general operating budget funds will make up the difference, if necessary. Prior to receiving the grant, the City is required to conduct a public hearing to allow for public comment on the use of the grant. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Mosman moved, seconded by Tyra-Lukens, to close the public hearing; and direct staff to complete the Federal requirements as outlined in the fiscal year 2000 Local Law Enforcement Block Grant award. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher, to approve Payment of Claims. Motion was approved on a roll call vote, with Butcher, Case, Mosman, Tyra-Lukens and Harris voting"aye." M. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 3.30 TO CLARIFY WATER USAGE RESTRICTIONS Enger said this ordinance is proposed to amend City Code Section 3.30 to clarify the water usage restrictions within the City. Current water usage requirements are outlined in Section 3.30, Subdivision 6, entitled Water Emergencies. The proposed ordinance will separate the Water Emergency requirements from the Water Usage Restrictions that are currently enforced year around,while clarifying and simplifying the language within Section 3.30. MOTION: Tyra-Lukens moved, seconded by Mosman, to approve lst Reading of an Ordinance amending City Code Section 3.30 to clarify water usage restrictions. Motion carried 5-0. B. FIRST READING OF ORDINANCE REPEALING ORDINANCE NO. 2- 2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO EVEREST MINNESOTA,LLC Enger explained Michael Deggendorf of Everest Minnesota, LLC, sent a letter dated March 9, 2001, to Brian Grogan, Southwest Suburban Cable Commission/Moss &Barnett, requesting that its application for a cable television franchise be withdrawn due to marketplace factors. Eden Prairie is a member of CITY COUNCIL NIINUTES June 19,2001 Page 5 the Southwest Suburban Cable Commission, and Councilmember Case serves as the Chair. The Cable Commission believed that it would be best for the City to re-negotiate when and if additional requests came in. City Attorney Ric Rosow indicated that the appropriate action would be for the Council to approve an Ordinance repealing the Ordinance passed in 2000 that granted the cable franchise. MOTION: Tyra-Lukens moved, seconded by Case, to approve lst Reading of an Ordinance repealing Ordinance No. 2-2001, which granted a Cable System Franchise to Everest Minnesota, LLC. Motion carried 5-0. C. FIRST READING OF ORDINANCE REPEALING ORDINANCE NO. 3- 2001, WHICH GRANTED A CABLE SYSTEM FRANCHISE TO WIDEOPENWEST MINNESOTA,LLC Enger said Craig Martin of WideOpenWest Minnesota, LLC, sent a request to Brian Grogan, Southwest Suburban Cable Commission/Moss & Barnett, dated March 23, 2001, for withdrawal of its application for a cable television franchise due to marketplace factors. MOTION: Mosman moved, seconded by Tyra-Lukens, to approve 1st Reading of an Ordinance repealing Ordinance No. 3-2001, which granted a Cable System Franchise to WideOpenWest Minnesota, LLC. Motion carried 5-0. XII. PETITIONS,REQUESTS AND COMMUNICATIONS A. MORRAINE WAY POND Enger said the neighborhood adjacent to the Morraine Way Pond has requested an opportunity to present their views regarding the declining water levels in the Morraine Way Pond. Council has copies of the petition submitted last year and the City's report, dated April 10, 2001, mailed to neighbors along with a letter of transmittal, dated April 27, 2001. In addition the Council has a letter from Sheldon Michaletz, dated May 8, 2001, notes from Dick and Ruth Nubson, dated May 6, 2001, and copies of photos of the pond. In its report, the City concluded that nothing pointed to a specific event that caused the pond levels to drop. Brad Johnson, 15535 Morraine Way, spoke on behalf of the residents who signed the petition and live around the pond on Morraine Way, Red Rock Road, View Lane and Canyon Ridge. One reason they bought their houses was because of the pond adjacent to their properties. It is not a matter of property value, but is an environmental value to keep nature areas within the City. Ruth Nubson, 15505 Morraine Way, said their history with the pond goes back to 1976 when they bought this property. At that time there was a full pond all the way to Red Rock Lake. There were fish in the pond, and they built wood duck houses out in the pond. Now those houses are 35 feet from the water's edge. In 1984 there was a major issue with the pond when Village Woods and View Lane CITY COUNCIL MEWIES June 19,2001 Page 6 were constructed. Deep sanitary and storm sewers were installed, along with a pumping station. A dewatering system, with a vacuum pump and sand points, was installed. It ran continuously most of the summer. Mrs. Nubson said she inquired about this from the contractor and was told it would be looked into, but she never heard anything. According to the City's data about the elevation of the pond, from 1984-1985 the pond level dropped nearly 3 feet, which was during this construction period. Red Rock Lake has been at a higher elevation since that time. She and her husband believe that the natural spring was diverted into Red Rock Lake during construction. Dick Nubson displayed a graph showing the amount of annual precipitation from 1975 to 2000. During the construction period of 1984-1985,the pond dropped 2.7 feet when there was above-average rainfall. The pond level now is 850.4 feet above sea level, even with all the rain that has fallen this year. He would like to see if the City or DNR could divert water into the pond that now drains along Morraine Way into Red Rock Lake. The desire of the neighborhood is to rebuild the pond, if possible. Marcia Turner, 15475 Morraine Way, said she has lived in the area since 1989. Up until the spring of 2000 the water level was quite stable. Prior to 2000 they could canoe on the pond in the summer and ice skate on it in the winter. In the early spring of 2000 it was as though a drain had opened up, because the water level dropped so fast. She made a call to the DNR and spoke to a hydrologist, Travis Germundson. He said the pond is registered as a protected wetland area, because it had been more than six acres of open water. Larry Samstad, the owner of Itasca Engineering, who deals with watershed areas and water management engineering, came out to look at the pond. Ms. Turner asked if the dewatering done when T.H. 212 was being constructed near the end of Red Rock Lake could affect this pond. He said sometimes during dewatering operations a suction is created that could break a seal in the bottom of the pond, allowing water to seep out. Peter Liet from the DNR also looked at the pond. He said that on May 9, 2000 the DNR had received complaints about the water level going down, which was the same time as the dewatering operation was going on. He agreed it didn't seem to be a simple lack of rain last year and warranted more investigation. Travis Germundson said the Wetland Conservation Act provides for restoration of ponds and wetlands and suggested this pond might be eligible. Johnson said the neighbors hate to see a natural resource like this pond go away. Three possible solutions mentioned might be to recapture the rainwater that is now running into Red Rock Lake, undo some of the dewatering operations associated with construction, and establish this area as part of a wetlands project in conjunction with the DNR. Mayor Harris asked Gene Dietz if it is possible to repair a seal in the bottom of a pond once it is broken. She also asked if the City has any information that there was a diversion of any "spring" feeding this pond during those construction periods, and how this pond is faring compared with other ponds in the City. CITY COUNCIL MINUTES June 19,2001 Page 7 Dietz replied he believed it is possible to repair a broken seal. It consists of digging in an expansive clay at the bottom of the pond,which expands and repairs the broken seal. He said he would talk to Larry Samstad about this and see if they can find a broken seal. However, there was really never any construction within the pond area. The area of T.H. 212 where dewatering took place was 1800 feet due west of the Morraine Way Pond. In order for the ground water there to be connected to the pond,the line of the bottom of the pond would have to dip below the wetland area between the road construction and the pond. MnDOT does not believe the road construction project had an impact on the pond. Dietz suggested that all the construction that has occurred in the area to create the infrastructure has probably had some impact. However, the 1984-1985 drop of 3 feet in the pond's water level was based on information gathered prior to the start of road construction in the east end of Canyon Ridge. The neighborhood began to develop in 1975, but the sanitary sewer was installed in the late 1960s when the first residents moved in. In the late 1980s, when the neighborhood was fully developed, the combination of installation of utilities to serve all the homes around the pond, and the sump pumps in those homes, have probably diverted the flow of water. Dietz said the drop in the water level might have been caused by diversion of a spring. Dietz added that the pond on Scenic Heights has suffered over the years but has recovered more than the Morraine Way Pond. That has something to do with the drainage area. Ideally there is a ratio of 8 to 12 acres of catchment area to an acre of surface water to keep a pond viable. The Morraine Way Pond has rather a small drainage-area-to-pond-area ratio and has fared less favorably than others in the City. Mayor Harris asked what would be involved in trying to obtain funds from the restoration program connected with the Wetland Conservation Act? Dietz replied Morraine Way pond is still a wetland, although not the same type it was. There are seven or eight different types of wetlands. A wetland is defined as having water at or near the surface of the ground for a period of time each year. While it may be possible to do this as mitigation site,because it is still a wetland,regulated by the DNR, he doubted that Morraine Way Pond would qualify. However, if it qualified, developers would be willing to use it for mitigation purposes. Occasionally the City needs mitigation sites and may be able to use Morraine Way Pond for this purpose. Dietz said he was pleased that the DNR has looked at the pond. The City does not have a ground water hydrologist on its staff, so was not able to do ground water testing. Perhaps to give the request more importance, it would be worthwhile for the City Council to provide a resolution requesting that the DNR do some investigation to find out what happened. In addition, perhaps the Riley- Purgatory-Bluff Creek Watershed District could be asked to get involved. However, finding out what happened is one thing and doing something to correct it may be something else. CITY COUNCIL MINUTES June 19,2001 Page 8 Dietz added it would be technically possible to put a lift station in Red Rock Lake and pump the water back up. The DNR would govern that work. There is a water quality issue with the idea of diverting some storm water into the pond. Storm sewers are not routed through NURP ponds and so whatever is on the street would go into the Morraine Way Pond. It would also be fairly expensive to do this, but could possibly be done. Case asked if the 1991 Wetland Conservation Act permits natural wetland areas to function as NURP ponds. Dietz replied a NURP pond can be put into the edge of a wetland but it would have to be mitigated. Case asked if the Morraine Way Pond could become a NURP pond. It appears that right now this water is flowing into Red Rock Lake without going through a NURP pond, and it would be better if it did. Dietz replied it might be possible to utilize it as a NURP pond. He believed the minimum requirements for a DNR-regulated wetland is two acres rather than six. When smaller than two acres it would be the City's choice; otherwise that would be a decision for the DNR to make. Case asked if there would be federal money available to create a NURP pond where there is none. Dietz said he was not aware of any. Butcher said it seems this is a multi-step process. A hydrologist from the DNR should be requested to come out and investigate. Even if there were a broken seal, it seems with all the rain there has been lately the pond would have been altered to some degree. Dietz said the most recent analogy is Birch Island Lake, when Crosstown was extended along the edge of Birch Island Lake and the water level dropped dramatically. Barr Engineering, the engineers for the Nine-Mile Creek Watershed District, began an investigation about eight years ago, and they have yet to come to a conclusion as to what was the cause and how to fix it. Mosman said when I-35W was constructed 35 years ago, the water level of the pond at Woodlake Nature Center dropped to almost nothing. There was an expensive major undertaking to dredge it out, put in a clay liner and another kind of liner and restore the pond. There would be educational value in focusing on Morraine Way Pond and bringing in the DRN and watershed district to investigate the problem. It is increasingly important for the City to learn whatever it can to retain these wetlands. MOTION: Mosman moved, seconded by Case, to receive the information submitted by the Morraine Way Pond neighborhood, and refer the issue to City staff to prepare a resolution for Council action at its next meeting requesting that the DNR evaluate the pond. Motion carried 5-0. XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS A. PARKS AND RECREATION CITIZEN ADVISORY COMMISSION CITY COUNCIL ME74IMS June 19,2001 Page 9 Enger explained that John Murray tendered his resignation from the Parks and Recreation Citizen Advisory Commission effective June 1, 2001. Susan Dickman has expressed interest in reappointment to the Parks and Recreation Citizen Advisory Commission by filling the position vacated by John Murray. MOTION: Case moved, seconded by Butcher, to accept the resignation of John Murray II from the Parks and Recreation Citizen Advisory Commission effective June 1, 2001. Motion carried 5-0. MOTION: Case moved, seconded by Butcher, to appoint Susan Dickman to the Parks and Recreation Citizen Advisory Commission, term to expire March 31, 2002. Motion carried 5-0. XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Setting Date of Next City Council Meeting Enger suggested the Council meet on July 10, as not all Councilmembers can be present on July 17. There would be only one meeting in July. The budget could be presented at the August 7 Council Workshop. Public hearings to be held in July can be published to meet the deadline for the July 10 Council meeting. MOTION: Case moved, seconded by Butcher, to hold the City Council meeting on July 10 rather than July 17, 2001. Motion carried 5-0. 2. Discussion of MininLF Operation at Grace Church Enger said at the June 5 meeting, Council reviewed the request of Grace Church for permission to mine sand and they discussed amending the Developer's Agreement. Staff determined that an amendment to the Developer's Agreement would require a public hearing. It would be set for the July 10 Council meeting. Enger said City Attorney Rosow was asked at the last Council meeting to find out if interstate commerce laws would apply to the question of whether the sand from the mining operation could be taken out of Eden Prairie, and also whether fill should come only from an exchange of soils, not from another location outside the City. The concern was how much truck traffic there would be. City Attorney Rosow said at the last meeting he would check into it. Pauly said has hadn't discussed this with Rosow. However, in light of the litigation a few years ago in Minnesota regarding garbage not being CITY COUNCIL MINUTES June 19,2001 Page 10 hauled outside the state, that prohibition was overturned because it violated the commerce clause. If the City were to prohibit transportation of soil out of the state and the receipt of other soil from out of state, the interstate commerce clause might apply. However, a person who would attack the limitation on that ground would have to show that all of the sand or soil was being taken out of or into the state. Pauly said with regard to limiting the transportation of soils within the City, the question would become, is there a rational basis for doing so? If it has to do with limiting the traffic flowing through the City,he believed the City could limit it. Dietz said what will emerge from this is an amendment to the Developer's Agreement, which is a contract, and the church would have to agree to its provisions. The church offered the option of keeping the soil within Eden Prairie. So it is not an issue of the City having a law that states the church can't do something,it would be a contract that states they won't. Mayor Harris said the City would set parameters in the Developer's Agreement regarding length of time, hours of day and the season. Also, the Council discussed having a trial period. Tyra-Lukens said she wanted the Council to consider the whole issue of the soil exchange concept, because it seemed to be a good idea to use the soil within Eden Prairie. At the June 5 meeting, she had asked Bob Solfelt from Grace Church if soil coming back in to church property would be brought from within the City, and he said no. She asked if trucks are bringing aggregate from Maple Grove to Eden Prairie and then going back, how is that different from the trucks bringing fill to Eden Prairie, dropping it off at Grace Church and then going back to Maple Grove? There would be the same amount of track traffic. Case said the Council has to have that question answered when it is brought back, so Councilmembers can make a knowledgeable decision. The question of whether the City is allowed to limit the amount of truck traffic has to be answered. Enger explained it is necessary have a public hearing in order to amend the Developer's Agreement. Case said he would like to have this discussion in conjunction with a public hearing, and to have that date set for July 10. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. 2000 Comprehensive Annual Financial Report(CAFRI CITY COUNCIL MINUTES June 19,2001 Page 11 Uram introduced Steve Wischmann, Manager in the accounting firm of Kern,DeWenter,Viere, Ltd.,to make the presentation of the 2000 CAFR. Mr. Wischmann said there are several reports generated as a result of the audit process. The largest one is the Comprehensive Annual Financial Report, which is generated to be in accordance with the Government Finance Officers Association Certificate of Achievement. The auditors fully expect it is in compliance, and they are providing their unqualified opinion on the financial statements, which is the highest a City can receive. There is also a supplemental report to test various aspects of laws and regulations. The City had sufficient federal dollars flowing through the books that the auditors had to perform a single audit in accordance with the federal standards. This report concludes there were no compliance findings for either federal or Minnesota audit standards. Both this year and last year the City was in compliance,which is exceptional. The 2000 General Fund, which is the major operating fund for the City, showed a total revenue of $27,364,000. There was significant revenue growth, as the City continues to develop more licenses and permits. With regard to General Fund expenditures, the largest expenditures are for Public Safety and General Government. Revenues are over budget and expenditures are under budget. The unreserved fund balance had the largest increase, or 31 percent of the budget expenditure. The Council's policy is to approximate a level of 40 percent, so it is on the way to making that goal. The water and sewer revenues and storm drainage revenues exceeded expenditures. Liquor operations showed an increase in sales in 2000. There are some future issues relating to new governmental reporting standards, and the accounting firm will be making recommendations to implement those procedures that would be effective for the 2003 audit. MOTION: Case moved, seconded by Butcher, to accept the 2000 Comprehensive Annual Financial Report(CAFR). Motion carried 5-0. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Outside Storage Facility Acquisition Dietz reported that at the July 18, 2000 Council meeting, the Council authorized staff to negotiate a purchase agreement with Woodlake Sanitary Services for a 17-acre site for an outside storage facility. The Purchase Agreement is in the amount of$1,200,000. The ground water under the site is contaminated. It contains volatile organic material of a type often found in airplane degreasers. However, CITY COUNCIL MINUTES June 19,2001 Page 12 the ground water will not interfere with the City's use of the site. In the purchase agreement there is a"due diligence"period of 60 days to resolve two issues. A key issue is to get a "No Action Required" letter from the Minnesota Pollution Control Agency to mark in time what contaminants might be in the ground water and who would not be responsible in the future for it. The other issue is with regard to getting good access to T.H. 212,to be resolved with MnDOT. This property is in a good location, on the east side of T.H. 212. There are no neighbors in close proximity. The site would be used by Public Works as a staging area for operations, including storage of aggregate for seal- coating operations. Off-season equipment would be stored on the site. It would be used for vehicles that are confiscated, which the City pays for now. Trees that are blown down on City property could be taken there. A building for storing salt and sand would be built on the site. Case said he agrees this is the right site and it is needed. However, he questioned the price, which comes to $70,000 per acre for land that probably cannot be built on. Dietz replied Woodlake had some second thoughts about selling the property for that price; they believed they could get more for it. Just east of this area property has been priced at$100,000 per acre and Charlston is asking$200,000 per acre for his land. Woodlake assumed half the site was buildable, as about nine acres could be built high enough to accommodate development. Dietz has discussed the price with the assessor's office, and was told it was not excessive. Butcher said one challenge would be the aesthetics of the site. If large equipment and piles of salt are stored there, it needs to be screened as much as possible. Dietz explained the site is 1000 feet south of Pioneer Trail, across from the most southerly aviation building. There is a tree mass on the north end and the City would be berming along T.H. 212. Enger said he challenged the staff to scrutinize this deal and also to consider if the property could be used for a joint Public Safety training location for both fire and police. Edina's park bond issue recently did not pass and the City Council is discussing whether or not to dispose of the Braemar training site. Eden Prairie staff has been looking for a site in Eden Prairie. If the City provided the site that could also be used by neighboring communities,it would save the City$1.5 million. Tyra-Lukens commented about the long list of additional uses for the property and especially for a Public Safety Training facility site. MOTION: Tyra-Lukens moved, seconded by Case, to approve a purchase agreement with Woodlake Sanitary Service, Inc. for the acquisition of 17.21 acres in the amount of$1,200,000. Motion carried 5-0. CITY COUNCIL AI NUTES June 19,2001 Page 13 F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Roger Pauly requested that the Council meet in a closed session to consider potential litigation relating to the proposed Flying Cloud Airport expansion. XVII. ADJOURNMENT MOTION: Case moved, seconded by Butcher, to close this meeting and move to a closed session. Motion carried 5-0. Mayor Harris adjourned the meeting to the closed session at 8:40 p.m.