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City Council - 08/07/2001 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 7,2001 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: Acting City Manager and Community Development and Financial Services Director Don Uram, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Management Services Director Natalie Swaggert, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE M. 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 that you notify the City Manager's office by noon of the meeting date with your request. IV. RECOGNITION OF 4'OF DULY EVENT SPONSORS Tria Mann expressed appreciation to the sponsors of the 0 of July event: Wells Fargo Bank, BFI, Anchor Printing, John White of Pickled Parrot Restaurant, Von Maur Department Store and Eden Prairie Center. The many volunteers were also thanked. Mayor Harris thanked the staff for putting the event together. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item about the skate park, under XIV. A. Reports of Councilmembers. Rosow added Employment of Acting City Manager, under XIV. A. In discussions Rosow has had with Donald Uram, Mr. Uram said he was not willing to serve in the position of Acting City Manager beyond two more weeks, so that agreement should be removed from the agenda. Two items should be substituted: one to recommend that the two Councilmembers dealing with this issue act as a search team to find an Acting City Manager; and second, the Council should discuss how they want the process to go forward in the search for a permanent City Manager. MOTION: Butcher moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried 5-0. CITY COUNCIL MINUTES August 7,2001 Page 2 VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,DULY 10,2001 Tyra-Lukens noted that on page 13 the items after number 3 are numbered incorrectly. She also made a correction in the heading of item 3, which should be "Funding for Southwest Metro Transit . . ." Mayor Harris made a correction in the heading of item 6,which should be"Pickled Parrot Restaurant. . ." MOTION: Case moved, seconded by Mosman, to approve the minutes of the City Council Meeting held Tuesday, July 10, 2001, as published and amended. Motion carried 5-0. B. SPECIAL COUNCIL MEETING HELD MONDAY,JULY 23,2001 MOTION: Mosman moved, seconded by Butcher, to approve the minutes of the Special Council Meeting held Monday, July 23, 2001, as published. Motion carried 5-0. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HARTFORD COMMONS by David Bernard Builders and Developers. 2nd Reading for Planned Unit Development District Review with waivers on 17.88 acres, Zoning District Change from C-Reg-Ser to RM-6.5 Zoning District on 17.88 acres, and Site Plan Review on 17.88 acres. Location: Southeast corner of Prairie Center Drive and Prairie Lakes Drive extending to Rolling Hills Road. (Ordinance No. 25-2001-PUD-15-2001 for PUD District Review and Zoning Change and Resolution No. 2001-112 for Site Plan Review) C. THE HERITAGE by Carlston, Inc. 2nd Reading for Planned Unit Development District Review with waivers on 42.16 acres, Zoning District Change from Rural to R1-13.5 Zoning District on 19.11 acres and from Rural to RM-6.5 Zoning District on 23.05 acres, and Site Plan Review on 23.05 acres. Location: Dell Road and Pioneer Trail. (Ordinance No. 26-2001-PUD-16-2001 for PUD District Review and Zoning Change and Resolution No. 2001-113 for Site Plan Review) D. ADOPT RESOLUTION NO. 2001-114 APPROVING FINAL PLAT OF HERITAGE PLACE E. ADOPT RESOLUTION NO. 2001-115 APPROVING FINAL PLAT OF HERITAGE VILLAGE F. ADOPT RESOLUTION NO. 2001-116 APPROVING FINAL PLAT OF SEVEN PINES CITY COUNCIL MINUTES August 7,2001 Page 3 G. VACATION OF RIGHT-OF-WAY FOR PART OF FRANLO ROAD LOCATED ADJACENT TO BLUFFS EAST 17Tff ADDITION, VAC 00-99 (Resolution No. 2001-117) H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO, INC., FOR DESIGN AND CONSTRUCTION SERVICES ASSOCIATED WITH THE PROJECT,I.C. 01-5545 I. APPROVE CHANGE ORDER NO. 1 FOR HIGHVIEW DRIVE/ LAKELAND TERRACE AREA IMPROVEMENTS,I.C. 96-5406 J. APPROVE EXCEL ENERGY AGREEMENT REGARDING POWER LINES ALONG TH 5/TH 312 BETWEEN MARTIN DRIVE AND PRAIRIE CENTER DRIVE I.C. 93-5302 K. AWARD CONTRACT FOR WEST SIDE COOLING TOWER REPLACEMENT L. APPROVE LICENSE AGREEMENT TO LEASE SPACE ON THE CITY'S COMMUNICATION TOWER TO GREAT RIVER ENERGY FOR A WHIP ANTENNA M. AUTHORIZE EXECUTION OF A PURCHASE AGREEMENT WITH NORTH AMERICAN PROPERTIES FOR SALE OF LOT 2 BLOCK 1 EDEN PRAIRIE MARKETCENTER 2"' ADDITION (SINGLETREE SITE N. APPROVE ARMY CORPS OF ENGINEERS PERMIT FOR WETLAND FILL ASSOCIATED WITH EXTENSION OF COLUMBINE ROAD TO PRAIRIE CENTER DRIVE O. APPROVE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR SOUTHWEST SUBURBAN CABLE COMMISSION MOTION: Tyra-Lukens moved, seconded by Mosman, to approve Items A-O on the Consent Calendar. Motion carried 5-0. VIH. PUBLIC HEARINGS/MEETINGS A. BLUFFS EAST 17TH ADDITION AMENDMENT by Hustad Land Company. Request for Planned Unit Development Concept Amendment on 5.78 acres, Planned Unit Development District Review on 5.78 acres, Zoning District Amendment within the RM-6.5 Zoning District on 5.78 acres, Site Plan Review on 5.78 acres, and Preliminary Plat of 5.78 acres into 23 lots. Location: South of Pioneer Trail at Franlo Road. (Resolution No. 2001-118 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment, and Resolution No. 2001-119 for Preliminary Plat) CITY COUNCIL MINUTES August 7,2001 Page 4 Uram said official notice of this public hearing was published in the July 26,2001 Eden Prairie News and was sent to 154 property owners. Paul Korberg, Hustad Land Company, said in June 2000, they originally submitted to the Community Planning Board a plan for three alternatives for the site. The Planning Board, along with neighbors, indicated the senior housing plan or the townhouse plan would be the preferred choices, and 32 two-story townhouse units were approved by the Planning Board in September 2000. In November 2000, the City Council approved the 32 units. However, the builder, The Bluffs Company, has proposed some changes. He introduced Beth Simonstead,representing Wooddale Builder. Beth Simonstead, representing Wooddale Builders, said the builder is requesting an amendment to the plan, which would include 22 lots and one common space lot on 5.8 acres. They are requesting a reduction in density from 5.5 units per acre to 3.8 units per acre, and from 32 to 22 units. They are changing the plan from two-story to one-level townhouses. More green space and more guest parking will be available, providing one space for every two units. There will be five four-unit building and one two-unit building. Units will be priced at $250,000-$375,000. Exterior materials will consist of brick or stone and stucco, aluminum siding, fascia and soffit. Setbacks in the rear yard are reduced from 40 feet to 35 feet. There are two water quality treatment ponds. The storm sewer will discharge into the Hennepin County system along County Road 1. The tree replacement is proposed at 272 caliper inches. The south property line is adjacent to existing homes, and plantings there will be Colorado and Black Hill spruce. Along the rest of the perimeter of the property plantings will be spruce, maple, pine, ash and linden. The plan for the monument will be similar to what is seen at Settler's Ridge. Franzen said the Community Planning Board voted 8-0 to recommend approval to the Council at its June 25, 2001 meeting. The proposed 22-unit plan meets City requirements for setbacks,parking, landscaping, exterior materials and drainage. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No.2001-118 for PUD Concept Amendment on 5.78 acres; and approve lst Reading of the Ordinance for PUD District Review and Zoning District Amendment within the RM-6.5 on 5.78 acres; and adopt Resolution No. 2001-119 for a Preliminary Plat on 5.78 acres into 23 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations; and direct Staff to issue a land alteration permit to the Developer to proceed with construction at their own risk. Motion carried 5-0. B. RIDGEVIEW TECH BUILDING by Mount Properties, Inc. Request for Planned Unit Development Concept Amendment on 1.6 acres, Planned Unit Development District Review with waivers on 1.6 acres, Zoning District CITY COUNCIL MINUTES August 7,2001 Page 5 Amendment within the Office Zoning District on 1.6 acres, and Site Plan Review on 1.6 acres. Location: 7544 Market Place Drive. (Resolution No. 2001-120 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the July 26,2001 Eden Prairie News and was sent to 21 property owners. Steve Michals, of Mount Properties, Inc. said the site is located at 7544 Market Place Drive in Bryant Lake Center. The request is to build a single-level, 18,820- square-foot office building. They will have access off Market Place Drive and through the existing business park. Parking would be on the north and west sides of the property, with 94 parking spaces. Landscaping would be on the north and west property lines. A retaining wall, averaging 4-to 6 feet,would be built on the east side. The building exterior would be 75 percent brown brick. Franzen said this is an amendment to an approved plan. The Community Planning Board voted 8-0 to recommend approval of the project at the June 25, 2001 meeting, subject to revisions for rooftop mechanical equipment screening and signs, which have been completed. There are two waivers requested: one for building setback and one for parking setback. These are consistent with the previous approvals granted in 1999 and 1980 as part of the original PUD. The plan meets all city requirements for parking, setbacks, drainage, and exterior materials. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-120 for Planned Unit develop Concept Amendment on 1.6 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers on 1.6 acres and Zoning District Amendment within the Office Zoning District on 1.6 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. C. GIRARROSTO TOSCANO RESTAURANT by Girarrosto Toscano, Inc. Request for Planned Unit Development Concept Amendment on 1.66 acres, Planned Unit Development District Review with waivers on 1.66 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres, and Site Plan Review on 1.66 acres. Location: 12365 Singletree Lane. . (Resolution No. 2001-121 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning District Amendment) Uram said official notice of this public hearing was published in the July 26, 2001 Eden Prairie News and was sent to 14 property owners. Len Ghilani explained this proposal is for an Italian-American supper club CITY COUNCIL MINUTES August 7,2001 Page 6 specializing in steaks and pastas. Joe Hamilton, from Ellerbee Beckett, said the existing restaurant is Doolittles, with 6,500 square feet. The addition will be 2,987 square feet and a remodeling of Doolittles. There is a new concept opportunity with the existing exterior. The exterior is currently mostly brick and stucco. The proposed addition will be a combination of stacked brick and horizontal stone. There will be a canopy over the entrance with curved stainless steel. Of the 280 seats in the restaurant, 40 of those are in the bar/lounge area. Total parking would be 109 spaces. The location has an agreement with the neighboring facility for overflow parking. Tyra-Lukens asked if they would serve dinner only. Ghilani said yes. Franzen said the proposal meets all City requirements for the commercial zoning district. The Community Planning Board voted 8-0 to recommend approval of the project at its June 25, 2001 meeting. Butcher asked who would be responsible for snowplowing of the additional parking area. Franzen said there is a perpetual cross-parking and maintenance agreement between the two properties so they would share in maintenance and snowplowing. Mayor Harris asked if anyone wished to address the Council about this proposal. No one did. MOTION: Mosman moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-121 for PUD Concept Amendment on 1.66 acres; and approve 1st Reading of the Ordinance for PUD District Review and Zoning District Amendment within the C-Reg-Ser Zoning District on 1.66 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations; and direct Staff to issue a land alteration permit, demolition permit, and footings and foundation permit to the Developer to proceed with construction at their own risk. Butcher commented that this will be a great addition of an up-scale restaurant in the Market Center area. Motion carried 5-0. D. ALM SUBDIVISION by Stephen and April Alm. Request for Preliminary Plat on 2.06 acres into 2 lots. Location: 16480 Hilltop Road. (Resolution No. 2001- 122 for Preliminary Plat) Uram said official notice of this public hearing was published in the July 26, 2001,Eden Prairie News and was sent to 40 property owners. April Alm said they wish to divide a 2.06-acre lot into two single-family lots. One would have two-thirds of an acre and the other the remainder of the 2.06 CITY COUNCIL MINUTES August 7,2001 Page 7 acres. They plan to put a new house on the larger one that they would occupy, and they would sell the existing house and lot. Franzen said this project took some time at the Planning Board meeting, because neighbors in the area were questioning how the location of the new house would help or hinder future road location and utilities. City staff held a meeting with the Eden Heights neighborhood on June 27. It was learned there will possibly be a new location for an east-west road along the north property line, so the home should be a minimum of 55 feet from the north property line. At the July 9, 2001 meeting the Community Planning Board voted 8-0 to recommend approval of the project with two possible locations for the new house. Either location would allow the opportunity to create two additional lots in the future and a road along the north property line. City sewer and water do not serve this neighborhood; however, the proponent will extend City sewer from the west to serve the existing and proposed house. Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Butcher moved, seconded by Tyra-Lukens, to close the public hearing; and adopt Resolution No. 2001-122 for Preliminary Plat on 2.06 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations and any Council conditions. Case said he would like to hear whether this proposal is coming with staffs recommendation or not. If not,why, and if so,why. Franzen replied there is staff recommendation for approval for dividing the property into two lots that would not preclude relocation of the road in the future. Motion carried 5-0. E. PROPOSED REFUNDING OF PARK AT CITY WEST APARTMENTS HOUSING REVENUE BONDS (Resolution No. 2001-123) (Continued from June 19,2001) Uram said official notice of this public hearing was published in the May 17, 2001 Eden Prairie News. Section 147(f) of the Internal Revenue Code of 1986 requires that the Council hold a public hearing for the purpose of receiving comments on the proposed issuance of up to $14,905,000 principal amount of the housing revenue bonds to refund the housing revenue bonds issued by the City in 1990 on behalf of Park at City West Limited Partnership for the development known as Park at City West Apartments. The proposed refunding would reduce debt service costs for the development. The Council is also being asked to adopt a resolution authorizing the refunding and the issuance of refunding bonds. Mayor Harris asked if anyone wished to address the Council about this refunding of housing revenue bonds. CITY COUNCIL MMWTES August 7,2001 Page 8 MOTION: Butcher moved, seconded by Tyra-Lukens, to close the public hearing; and adopt Resolution No. 2001-123 under Minnesota Statutes, Chapter 462C, authorizing the issuance of up to $14,905,000 in aggregate principal amount of its Multifamily Housing Revenue Refunding Bonds (Park at City West Apartments Project), Series 2001, approving the forms thereof, and authorizing the execution of various documents relating thereto. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Mosman, to authorize Payment of Claims. Motion was approved on a roll call vote,with Butcher, Case, Mosman, Tyra-Lukens and Harris voting"aye." X. ORDINANCES AND RESOLUTIONS M. PETITIONS,REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PURGATORY CREEK RECREATION AREA PLAN Sue Stock, Chair of the Purgatory Creek Recreation Task Force, gave the list of members and a history of the task force. Members were Jan Mosman, Vicki Koenig, Harry Moran, Therese Benkowski, Susan Dickman, Terry Randolph and Pat Richard. The first meeting was in February, interviewed two consultants and selected SRF to be the consultant group. In March 2001 the task force began meeting with consultants from SRF to develop program needs, review Community Forum and Community Survey results, and discuss past plans for this site. In April the consultant developed the program and four conceptual designs, which they presented to the Community Program Board,the Parks and Recreation Commission, and received feedback from them on those four program concepts. In May it was presented to the City Council, and received comments from Councilmembers. At the June 18 meeting, the task force unanimously approved the schematic design for the recreation area, and requested the consultant and staff to take the plan through the design review process for final approval by the City Council. On June 26 the Program Board and Parks and Recreation Citizens Advisory Commission held a joint meeting to review the plan, and unanimously approved it. On July 9 the Planning Board reviewed the plan and unanimously approved it. On August 1 the Riley Purgatory Bluff Creek Watershed District unanimously approved the plan. Barry Warner, the City's design consultant from SRF for the Purgatory Creek Recreation Area, said they have gone through a fairly lengthy process and believed it is one that can be carried through to implementation. The task force identified a program theme and park amenities. Following that, they developed a preferred schematic master plan and preliminary estimates for phasing costs and a plan for implementation. The Purgatory Creek Recreation area is housed within the 225-acre wetland. The actual park area is about seven acres. As part of a CITY COUNCIL MMUTES August 7,2001 Page 9 broader project that will incorporate input from the watershed district is a multi- use trail that will encircle the complex for 2-1/2 miles. The park would be located at the intersection of Technology Drive and Prairie Center Drive. The wetland basin will be excavated this year. It is an incremental part of the whole project, because it will serve as a cleaning element as the water flows through. A drainage ditch runs down the middle of the area. Park program amenities include entry monuments at two principal access points, parking for 50- to 60 cars, a multi-purpose building, an open-air pavilion, r waterfront edge treatment, pedestrian pathways, bridge crossings, overlooks, a fountain feature, sculptures, an open lawn terrace and formal garden area. Warner showed the site plan with all of these amenities and where they would be placed. The parking area could be used for City events, festivals, etc. and brick pavers were suggested rather than a bituminous surface. The task force strongly recommended altering the access so it would be aligned with the north arm of the roadway into the Park and Ride location off Technology Drive. That intersection could be signalized so there would be safe pedestrian crossing. Ken Grieshaber of SRF listed the various site amenities. The monument would be at the corner of Technology Drive and Prairie Center Drive, and would be a steel structure with the circle design seen throughout the City. The multi-use building at the water's edge could be from 5,000 to 10,000 square feet, with a meeting room to accommodate from 50 to 100 people, and could possibly have a restaurant, concessions, etc. The architecture could create a unique character for the park. There would also be an open-air pavilion that would overlook the water. The water's edge treatment could be either a boardwalk or pavers, and would have a railing along the water's edge. There would be a long pedestrian promenade to connect to Opus for outdoor events or festivals. There could be a fountain to create a sense of entry into the wetland ponding area. At the end of the promenade they are proposing to build an overlook which would extend 70 - to 80 feet over the water. Wildlife sculptures could be placed throughout the park. A formal garden, such as a perennial or rose garden has been discussed. Phase 1 would consist of site grading, constructing an entry drive and lighting, storm sewer piping, a pathway connection, ponding connection, and grading for future park amenities. Phase 2 would consist of the entry monument,parking lot, more path connections, a boardwalk and lighting, a retaining wall, waterfront terrace fountain and landscaping. Phase 3 would consist of the upper terrace walk and lighting, boardwalk overlook, terrace stairs to boardwalk, open-air pavilion, path connections and landscaping. Phase 4 would consist of the formal gardens, multi-use building and plaza, dike, boardwalk crossing and overlook, dike landscaping and lighting.. The total project cost would be$7,232,810. Mosman said the whole site has been pulled together beautifully. She wondered about the possibility of saving some of the cottonwood and willow,trees until the last phase, after the new trees are planted. Lambert replied he wouldn't be able to answer that until they have a grading plan to see how they will have to move the CITY COUNCIL AI NUTES August 7,2001 Page 10 dirt and where the alignment for the culvert will be. Most of the trees are on top of the ditch and then go down into the ditch where the culvert is. The most effective way for them to create a pad is to grade the entire area now, and even have a little surcharge over everywhere there are going to be buildings. If there is going to be a building over where the existing ditch is, as shown on the plans, they will want to put as much fill over that for as long as possible so they can get by with the least amount of piling. If they wait until right before the building and plaza are constructed and then fill that on very bad soils, it would have to be surcharged for at least several years. It will be difficult to do, but they can see if some of those perimeter trees on top can be saved. He couldn't promise anything at this point. Case said asked about funding options. Lambert said the City petitioned the watershed district for what was called the Purgatory Creek Recreation Area - Staring Lake outlet project in 1991. The plan was all part of the water quality improvement project to improve the quality of water at Staring Lake and eventually to the Minnesota River. The watershed district estimated their cost was about$3 million;the City's share would be$1.2 million,using TIF financing. With that$1.2 million,the City will pay for its share of the trail system around the entire area, its share of the dredging and edge treatment. But the development of this park will have to come from other funding. The City has no money other than the TIF funds for the $3 million- $5 million the project will cost the City. It will probably take a referendum to create a large amount of money. This is one project that will be discussed at a Council CIP workshop in two weeks. Lambert said he was asking the Council to authorize the consultant to complete a more detailed design and to prepare plans and specifications, so the City can proceed to go to bid this fall with the watershed district. They would like to have the first phase done, including dredging, as one project. It should be at least graded with an edge and a trail system, so people can use it as a park site that just needs to be developed. Phasing of landscaping can be done out of the nursery over the next few years until funding for the next phase is available. He could see some additional steps that would be needed. The City will have to work with the watershed district regarding funding sources from them and the City, and the timing. The City needs approvals for trail easements from the property owners. It hopes to do that this fall so the trail can be constructed next spring. All of the permitting agencies have approved the preliminary concept but will need to approve changes. The City's next public involvement process ought to be some more evaluation and study of the design of the garden and building, and programming for the building. A recommendation was made to the Eden Prairie Foundation about possibly funding some of the amenities, like the sculptures, fountain or entry monument. They had many questions about the programming of the building and thought it would be a good place for an art center. Many people in the community are excited about this project and want to keep moving on it. MOTION: Mosman moved, seconded by Tyra-Lukens, to approve the design and authorize the consultant to work with Barr Engineering (engineering consultant for the watershed district) to prepare plans and specifications for the CITY COUNCIL MINUTES August 7,2001 Page 11 first phase development. The first phase is to include the boardwalk and retaining walls depicted in the second phase of the preliminary cost estimates. Motion carried 5-0. B. ADAPTIVE REUSE OF THE SMITH HOUSE FOR USE AS A COFFEEHOUSE Lori Peterson-Benike, Chair of the Heritage Preservation Commission (HPC), addressed the Council, stating that the HPC has discussed what the Smith- Douglas-More House could be used for, and referencing the fact that the City has received a Preliminary Proposal from Dunn Bros. Coffee to use the Smith House as a coffeehouse. The HPC's requested action would be to ask the Council to authorize City staff to negotiate with Dunn Bros. Coffee for adaptive reuse of the Smith House for a coffeehouse. Staff recommends the Council allow time to complete negotiations before the City paints or restores the exterior of the house. The City Council adopted the HPC's Adaptive Reuse recommendations for the Smith House on July 18, 2000. The HPC had recommended two options: the first, to rehabilitate the house for reuse as a commercial site with the City retaining ownership; the second, to rehabilitate the house for either commercial or residential use, sell the property, and guide the restoration process to ensure the house retains its historic character. The HPC recommended the City Council adopt option one. In August 2000, the City Council directed staff to solicit marketing proposals for the Smith House from real estate professionals. No proposals were received by the City. However, there was interest in the property, but by most accounts, not enough time allowed to prepare proposals. Dunn Bros. Coffee had also received the Request for Proposals, and while they were interested in the site, they did not feel they could respond to the specific market feasibility or lease concerns in the City's request. HPC member Art Weeks had recommended Dunn Bros., citing their successful experience with reuse of historic and non-historic building space for coffeehouse use. Dunn Bros. has remained interested in the Smith House and on June 28, 2001, Chris Eilers, President of Dunn Bros. Coffee, met staff at the house to tour the site. Mr. Eilers recently forwarded a letter to the City that serves to notify the City of Dunn Bros. interest in the site. In addition to Dunn Bros., a local realtor met with staff at the Smith House on July 17, 2001. His interestes in the property are similar to Dunn Bros. regarding reuse,but would favor ownership in the property. Recent cost estimates for exterior restoration of the house total $233,117, to "button up" the house to protect it from the elements, which reflect the considerable rise in construction costs in the last year, and the extent of repair and/or replacement now needed to restore the exterior of the house. To get the house structurally sound would cost considerably more. CITY COUNCIL AE[NUTES August 7,2001 Page 12 Mayor Harris said if Dunn Bros. can adapt the house for use as a coffeehouse,this is a charming site and there is an interest in coffeehouses. Case said he found this proposal very exciting and is along the line of what all of those on the Council had wanted for the site. There are some items of maintenance that cannot go through the winter. He would like to add to the motion that the staff come back in one month with an update on negotiations with Dunn Bros., and give the Council a list of absolutely necessary repairs that have to be done before winter. He didn't know who would pay for these repairs, but perhaps that would be part of the contract with Dunn Bros. Butcher said she supported adaptive reuse wholeheartedly. It will be an interesting balance to achieve in working with an historic site on this project. Until a contract is signed, it would be prudent not to lose the other interested party, in case negotiations with Dunn Bros. Coffee don't work out. She would be glad to bring a coffeehouse to the site, and could not imagine a better situation. Butcher said Dunn Bros. has had experience in converting older houses in St.Paul that have been highly successful, in a neighborhood of homes where people can walk to the coffee shop. Mosman referenced the amount of parking. Looking into this last year, she found there is room to expand the existing parking lot behind the house. Butcher said there is a business contiguous to the site, and they talked about sharing their parking area. It would be a good idea to have a conversation with them soon. Mosman asked Peterson-Benike what types of controls the HPC would have regarding what happens with the house, and also what the HPC sees as the most important things that have to be done first. Peterson-Benike replied that the HPC would be involved every step of the way, and is asking the Council to direct City staff to set up an initial meeting with Dunn Bros. She believed the company would submit a proposal, and let the City know what they need in terms of signage, access, parking, etc. The HPC would have to approve their plan,issue a site-alteration plan, and submit it to the Council for approval. Communication would be very important to the HPC. As far as things that need to be done immediately, there are vegetation and vines that are damaging the house and need to be removed. That could be done right away. The porches are in need of repair and painting. However, it is important to have a discussion with Dunn Bros. before doing that work, so it doesn't impact what the company plans to do. This is very important to the City and the HPC. The Miller-Dunwiddie study indicates what exterior work needs to be done quickly. Uram said Dave Lindahl talked to Chris Eilers regarding timing of the project. Dunn Bros. is excited about doing it,but from a timing standpoint they have other projects to complete before starting to look at this one. The City expects to receive a more detailed proposal from them within the next month, laying out a time schedule when they would start to look at this. At this point, Eilers indicated this would be a project for next year. The City needs to be realistic about repairs CITY COUNCIL MINUTES August 7,2001 Page 13 that need to be done, and what the expectations are to get this project underway. The staff will forward the next proposal from Dunn Bros. as soon as it is received. MOTION: Case moved, seconded by Mosman, to authorize City staff to negotiate with Dunn Bros. Coffee for adaptive reuse of the Smith House for use as a coffeehouse, and have staff come back in one month with a negotiations update and a must do critical list of repairs, with cost estimates, that need to be completed before the onset of winter. Motion carried 5-0. XIII. APPOINTMENTS A. CITY AND SCHOOL FACILITY USE ADVISORY COMMITTEE Laurie Obiazor, Manager of Recreation Services and staff liaison for the committee, reported that on July 24, 2001, the Community Program Board and the Parks and Recreation Citizen Advisory Commission had a joint meeting to seek appointments to the City and School Use Advisory Committee. Susan Oswald from the Community Program Board and David Larson from the Parks and Recreation Citizen Advisory Commission were selected as the nominees. The City and School Facility Use Advisory Committee advises the School Board and the City Council regarding city and school facility usage in Eden Prairie with the objectives of maximizing citizen satisfaction, encouraging efficient use of facilities and delivery of programs, and minimising facility use charges to the City or School District. Council approval of the nominees is sought. MOTION: Tyra-Lukens moved, seconded by Butcher,to appoint Susan Oswald, Community Program Board member, and David Larson, Parks and Recreation Citizen Advisory Commission member, to the City and School Facility Use Advisory Committee. Motion carried 5-0. XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Request that Donald Uram Continue for Two Weeks as Acting City Manager Mayor Harris stated that Mr. Uram has removed himself from appointment as Acting City Manager. He has agreed to continue for two weeks, which should be enough time to find someone to serve in that capacity. MOTION: Tyra-Lukens moved, seconded by Butcher, to ask Donald Uram to continue for two weeks as Acting City Manager until the next Council meeting. Motion carried 5-0. Mr.Uram accepted. CITY COUNCIL MINUTES August 7,2001 Page 14 2. Search for Acting City Manager Rosow has recommended that Tyra-Lukens and Mayor Hams continue to engage in the search for appropriate candidates for an interim city manager. Case said he was concerned that uncertainty is perpetuating an unstable environment at City Center. He said he believed there is someone the Council could consider at that meeting. Carl Jullie,the retired former City Manager, could step right into the job. He knows the City, he knows the people who work there, he knows the issues and he is willing. Case said he contacted Carl Jullie and asked if he would be willing. Rather than have Tyra-Lukens and Mayor Harris go out again and bring back a list, Case suggested they go ahead to appoint Mr. Jullie and let the Council get on the task of finding a permanent city manager. Mayor Harris said the other side of that is the Council doesn't want to act as if in a crisis mode,but wants to use a deliberative process during which Mr. Jullie could be considered. She has contacted the League of Minnesota Cities, which has a roster of city managers available for short- term interim appointments, and they might want to look at several of those and then make the best appointment. Two weeks would not be destabilizing because Mr.Uram will be continuing for the next two weeks. Case said he liked the idea of using that list if it were a fairly long-term process. He could not think of any disadvantages to appointing Mr. Jullie. Tyra-Lukens said she would like some clarification. Mr. Case mentioned something about coming back with a list of potential candidates. She did not believe that was a good idea. She hoped that within a couple of weeks she and Mayor Harris would be coming back with a candidate and with a proposed contract. Certainly Carl Jullie would be considered. Case said in the meanwhile there would be no interaction for the next two weeks, and when that candidate's name is brought back, some Councilmembers may believe that is not a good candidate, and the Council would be dealing with a discussion of that candidate in public. He was not sure he wanted to authorize two people to come back with one candidate. Mosman said it would be good to have Carl Jullie if he is willing and available, so the two selected Councilmembers can begin the process of finding a permanent City Manager. Mayor Harris said she believed looking for a permanent City Manager would be quite a different process. Butcher said it was inappropriate for an individual to undertake a search without having had a discussion on this Council in terms of asking any person if they have an interest in being the Acting City Manager. The Council should do whatever it does together. This is the governing body CITY COUNCIL MINUTES August 7,2001 Page 15 and they need to follow a process. This is a very important issue and they need to discuss it as a whole. She liked the idea of getting a list of names from the League of Minnesota Cities. If two members of the Council look at those names and come back with a recommendation, then they can all share in the decision. MOTION: Butcher moved, seconded by Tyra-Lukens, that the Council appoint two members who have been serving as a search team to review a number of names given by the League of Minnesota Cities and add Carl Jullie, and come back with a recommendation for an individual so the whole Council can make a decision. Mosman said she understood everyone could lay out their requirements for an interim city manager. Mayor Harris said she believed it would be possible to get that kind of information fairly quickly. Each Councilmember could write a list of what he or she is looking for. Rosow said the Council could discuss it at that meeting, otherwise if they decide later there is going to be any discussion about it, they would need a meeting to do that. The other part of the process is that they could build in the opportunity to have interviews with the candidates, and those interviews are allowed to be private under the law if the whole Council is not sitting in on the interview at the same time. Interviews could be done in ones and twos. Then they could have some interaction before actually making an appointment based on the recommendations. Mayor Harris said that seems to be one way around the conundrum in which they find themselves, because there may be more than one individual who is found to be acceptable, and the other Councilmembers could interview them in addition to Tyra-Lukens and herself. Case said if they would agree to bring back more than one candidate, he would support the motion. But the idea they would bring back only one candidate and Council may turn that one down, and then have to find another one, he didn't want to go through that process. He would not support bringing back just one. Butcher said her thought was that the search team would have information about each of the candidates, but everyone would be privy to it. The search team would review that information and make a recommendation if they want all the Councilmembers to interview the field of candidates. Otherwise, the search team would hone in on one or possibly two and bring that back to the Council for a decision. Mosman suggested contributing their ideas of characteristics they would like to see. Then there would be involvement by all the Councilmembers. CITY COUNCIL MEWTES August 7,2001 Page 16 Rosow said those lists should be submitted to Mr. Uram, which would be public documents, and the public could have access to what each member contributed. Motion carried 4-1,with Case voting nay. 3. Process to Follow in Search for Permanent City Manager Mayor asked for a discussion on how the Council wished to proceed in its search for a permanent City Manager. Using an executive search firm is one method. Tyra-Lukens said she hasn't worked with a search firm on anything of this kind. She asked if they should engage an executive search firm first or give a list of characteristics and qualifications to them first. Rosow said the City's financial consultant, Springsted, has a component that conducts executive searches. However, the Council would probably want to look at other firms as well. Staff could initially seek information from them, how they carry out the search process, and at what point they want the City's input. Direction to the staff should be to obtain names of firms and solicit proposals from them on how they would proceed on the Council's behalf. Uram said there are a number of national and local firms that conduct this kind of process, and staff can bring back as many names as the Council wishes. Minnetonka has just completed this search process. Mayor Harris said she believed staff understood what the Council wanted. Uram asked when the Council would expect to have the proposals back. Mayor Harris said it would probably fall into the period of time when the new interim City Manager is in place, but it would be Uram's responsibility to identify those firms and start the process. 4. Skate Park at Round Lake—Inquiry by Councilmember Ron Case Case asked Bob Lambert to come back in two weeks with a brief update on future plans for the skate park, any additional skate parks or potential plans for a bike park. Lambert said he would give an update at the next Council meeting. B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR CITY COUNCIL MIlVUTES August 7,2001 Page 17 E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR 1. Joint Powers Agreement with Bloomington, Edina and the Metropolitan Airports Commission (Police Department) for the South Metro Public Safety Training Facility Public Safety Services Director Jim Clark reported the City has an opportunity to officially participate in the South Metro Public Safety Training Facility with the cities of Bloomington and Edina and the Metropolitan Airports Commission, to train law enforcement officers and firefighters. The facility would be located in the City of Edina. Clark expressed his interest in this project. The City of Eden Prairie will be expected to contribute $1,306,364 for the construction of the facility. In December of 1997 the City Council granted the authority for the City to issue general obligation bonds in the amount of $1,000,000. The difference will come from the Capital Improvement Program. The consortium made several attempts to secure funding from both the State and Federal governments. A grant of$500,000 was recently secured to apply to the project. The police cannot find a place to practice shooting firearms. It is difficult to find out if new officers are proficient in the use of weapons. Because lawbreakers are outgunning the police, the police will be upgrading their weapons, but they have no place to train with the weapons being authorized. This facility will include indoor firearms training. Regarding the fire department,houses to burn down for training are hard to find. The proposed facility will have fire-training buildings, which will simulate the diversity in construction that there is in this area. Clark asked for approval of the Joint Powers Agreement. Eden Prairie is the last body to approve this agreement. Tyra-Lukens said this facility has been needed for so long and is important to public safety. She assumed the consortium would be renting this facility out to other departments not in the joint powers. Clark replied a training schedule would be established. Non-member agencies would compensate the consortium for use of the facility. The revenue could be put in the CIP or in the General Operating Budget for the facility, or it could be split to offset the operating cost. MOTION: Mosman moved, seconded by Case, to approve the Joint Powers Agreement with the cities of Bloomington, Edina and the Metropolitan Airports Commission (Police Department) for the South Metro Public Safety Training Facility. Motion carried 5-0. CITY COUNCIL MINUTES August 7,2001 Page 18 Rosow commented the Council's action is a demonstration of the City's cooperation with other cities and agencies, including the Metropolitan Airports Commission(MAC), even though the City has outstanding issues with the MAC. The City's requests mentioned in the Council minutes from a month ago, that the MAC was asked to have substantive discussions with the City, have not been forthcoming. The MAC and the City cooperate on a number of levels. The City provides fire and safety services to the airport without charge, and continues to do so. Again he called upon the MAC to show the same degree of cooperation with the City that the City shows toward it G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION Rosow said he wished to discuss the potential of litigation with respect to acquisition of property rights and easements for road right-of-way in the Charlson improvement area. The City has had outstanding for many months requests for easements to build roads and put infrastructure in place that will serve not only the Charlson improvement area but also Grace Church. To date, the City has not had any response from MAC with respect to those easements, and the time is getting very short to let a project and get those facilities built in time for Grace Church to open and have water in the building. The Council would be coming back into open session to take action with regard to authorizing condemnation,if that is its decision. MOTION: Butcher moved, seconded by Tyra-Lukens, to adjourn to a closed session and come back to an open session. Motion carried 5-0. The Council moved to a closed session at 8:55 p.m. Mayor Harris called the meeting back into open session at 10:13 p.m. MOTION: Case moved, seconded by Tyra-Lukens, to withhold authorization for condemnation, and direct the Mayor to draft a letter to the Metropolitan Airports Commission requesting right of entries necessary to construct the Charlson area improvements, and to have staff report back as to the results at the next City Council meeting. Motion carried 5-0. XVI. ADJOURNMENT MOTION: Mosman moved, seconded by Butcher, to adjourn the meeting. Mayor Harris adj ourned the meeting at 10:15 p.m.