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City Council - 08/03/1999 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,AUGUST 3, 1999 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case, Ross Thorfinnson, Jr., 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 7:00 p.m. Councilmember Tyra-Lukens was absent. H. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Enger added an item under XII. B. REPORT OF CITY MANAGER regarding a workshop on the 2000 Budget. MOTION: Thorfinnson moved, Case seconded,to approve the Agenda as published and amended. Motion carried 4-0. IV. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,DULY 20, 1999 Case made a correction to page 13, 6th paragraph, where it should read "2,000 acres", and Enger removed the first two sentences at the top of page 7. MOTION: Butcher-Younghans moved, seconded by Thorfinnson, to approve the minutes of the City Council Meeting held Tuesday, July 20, 1999, as published and amended. Motion carried 4-0. V. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES August 3, 1999 Page 2 B. FLYING CLOUD CORPORATE CAMPUS PHASE H by Liberty Property Trust. 2nd Reading of Planned Unit Development Concept Review on 32.05 acres, Planned Unit Development District Review on 24.87 acres with waivers, Rezoning from Rural to Office on 24.87 acres and Site Plan Review on 24.87 acres. Location: Between Columbine Road and Hwy 212. (Ordinance No. 19- 99-PUD-14-99 for PUD District Review and Rezoning and Resolution No. 99- 128 for Site Plan Review) C. ADOPT RESOLUTION NO. 99-129 APPROVING FINAL PLAT FOR RDA CENTER D. APPROVE DEVELOPER'S AGREEMENT FOR PERKINS SUBDIVISION E. APPROVE AUTHORIZATION OF RELIANT ENERGY RETAIL, INC. TO PROVIDE MONTHLY DISCOUNT ON PRICE OF NATURAL GAS TO QUALIFIED BUILDINGS F. AWARD CONTRACT FOR VARIABLE FREQUENCY DRIVES FOR WELL NOS. 7,8,9 & 10,I.C. 99-5493 G. AWARD REMODELING BID PACKAGE FOR CITY CENTER TO MCFARLAND CONSTRUCTION COMPANY H. AWARD BID FOR REPLACEMENT OF ROUND LAKE PLAYGROUND TO MIDWEST PLAYSCAPES RECREATION EQUIPMENT I. AUTHORIZE MAYOR AND CITY MANAGER TO SIGN LETTER OF UNDERSTANDING WITH KMC TELECOM FOR THE PROVISION OF LOCAL AND LONG DISTANCE SERVICES TO THE CITY OF EDEN PRAIRIE MOTION: Case moved, seconded by Butcher-Younghans, approval of Items A-I on the Consent Calendar. Motion carried 4-0. VI. PUBLIC HEARINGS/MEETINGS A. CROSSTOWN CIRCLE CENTRE—REMOTE PARKING by Brad Hoyt, Inc. Request for a Planned Unit Development Concept Amendment on 12.42 acres, Planned Unit Development District Review with waivers on 25 acres, Rezoning from C-Hwy to Office on 2.5 acres, Site Plan Review on 2.5 acres and a Preliminary Plat of 2.5 acres into one lot. Location: Southwest corner of Crosstown Circle and Flying Cloud Drive. (Resolution No. 99-130 for PUD Concept Amendment, Ordinance for PUD District Review and Rezoning and Resolution No. 99-131 for Preliminary Plat) Enger reported official notice of this public hearing was published on July 22, 1999,in the Eden Prairie News and sent to 14 property owners. CITY COUNCIL MINUTES August 3, 1999 Page 3 Scott Eastlund, an architect with Finn-Daniels, Inc., representing Continental Property Group, said the Crosstown Circle Centre was recently purchased by Best Buy Corporation. Because of the City's building and fire codes, Continental Property had to scale back the parking structure on the site. As part of the purchase agreement with Best Buy, the developer agreed to acquire additional property to make up for the loss of parking. The parking lot is about a block away from the original Crosstown Circle site and shuttle buses will bring employees from the parking facility to various office sites. The developer plans to replace as many trees as possible on the site, and to make a cash contribution to the City to plant trees in other areas to replace trees they cannot plant on the site. Uram said the Staff report was written prior to the new information from the developer that 63 of the 226 parking spaces were not additional spaces but displaced spaces from the Crosstown Circle office site. Staff recommends approval of the proposed 226-car parking lot. Lambert said the Parks, Recreation and Natural Resources Commission reviewed this proposal at its July 19 meeting, when most of the discussion related to the proposal to take cash in lieu of 671 caliper inches of tree replacement that are unable to be planted on this site. The Parks Commission recommended approval, with the addendum that the City bond $100 per caliper inch to the developer, valid to 2001, one year after the trees are planted. Mayor Harris asked if anyone in the audience wished to address the Council on this proposal. No one did. MOTION: Case moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution 99-130 for PUD Concept Amendment on 12.42 acres; and approve 1st Reading of the Ordinance for PUD District Review with waivers on 2.5 acres and Rezoning from C-Hwy to Office on 2.5 acres; and adopt Resolution 99-131 for Preliminary Plat of 2.5 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Discussion followed. Thorfinnson said he is concerned with minimising traffic impacts. The developer needs to produce a TDM plan when applying for a Certificate of Occupancy. Personnel that comes in at 10 a.m. and leaves at 7 p.m. or 9 p.m. does have a significant impact on traffic in the Golden Triangle, however. He asked if there would be a sidewalk to go all the way up to the Crosstown Circle building. Englund replied there is one proposed but doesn't know whether the City or the developer would be responsible for building it. Thorfinnson said he would not want to approve the project without a sidewalk being included. Mayor Harris said these two Council conditions for a sidewalk, paid for by the developer, and a TDM plan, could be included in the motion. The amended motion reads: CITY COUNCIL MINUTES August 3, 1999 Page 4 MOTION: Case moved, seconded by Thorfinnson, to close the public hearing; and adopt Resolution 99-130 for PUD Concept Amendment on 12.42 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers on 2.5 acres and Rezoning from C-Hwy to Office on 2.5 acres; and adopt Resolution 99-131 for Preliminary Plat of 2.5 acres into one lot; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and the Council conditions that a sidewalk be constructed to the Crosstown Circle Centre building,paid for by the developer, and that Best Buy Corporation produce a TDM plan when applying for a Certificate of Occupancy. Motion carried 4-0. B. PURGATORY CREEK ESTATES 2ND by Post Construction Company. Request for Rezoning from Rural to R1-13.5 on 3.08 acres and a Preliminary Plat of 3.08 acres into 7 lots. Location: Wilderness Cove and Sunnybrook Road. (Ordinance for Zoning District Change and Resolution 99-132 for Preliminary Plat) Enger said official notice of this public hearing was published on July 22, 1999, in the Eden Prairie News and sent to 28 property owners. He asked the proponent to make a presentation. Brian Post, representing Post Construction Company, said the company is requesting for approval to develop 3.08 acres into 7 lots for single-family houses. They will be building a road along the west side of the site. Case asked if there would be screening along the road west of the site. Post said that there likely would be trees planted but not actual screening. Case noted that the site has a road along the back edge as well as the front, and also wondered about the prospects for future development to the west if the road is not put in within a reasonable length of time. He asked Enger if the City puts time limits on proposals of this type. Enger responded there is a City ordinance that requires a proposal to move forward from preliminary plat to final plat within six months and it would be reasonable to put some time limit on this property for development. Enger asked Post when his company is planning to build the road along the west side of the site, at their cost. Post replied it would be possible to build the road this fall. Barry Post, Brian's brother and partner, added they intend to put the road in as soon as possible. If they have to have it in by a certain date they need to know that as well. They would like an early grading permit. Enger asked if they have an agreement with the property owner to the west with regard to building the road. Brian Post responded they haven't had direct communication with the property owner to the west, except at the Planning Commission meeting in July when this proposal was presented. Pauly said he could not recall putting any time limitation on road construction in the past. The road would need to be installed prior to the release of the bond. CITY COUNCIL MINUTES August 3, 1999 Page 5 Dietz said on final plats older than six months that come before the Council, the Council is not under obligation to approve those plats. After the final plat is approved there would be a bonding requirement to pay for that road, and if it is not done in a timely fashion the City could use proceeds of the bond to pave the road. Case said he understands that after approval this evening and after the second reading approval, the developers would have up to six months to build the road. He would like to see this done in cooperation with the landowners to the west. It appears developers are not in communication with their neighbor to the west. Enger said the west side of the site appears to fit into a future efficiency road network. He would not want to have the property owner to the west pinned into a road system the Posts are not ready to complete. This can be worked out with them between the first and second reading of the ordinance, which supports the preliminary plat. This would be one of those requests where the Staff would want to pay special attention to the project. Staff could facilitate meetings between Post and the property owners to the west. This needs to happen before the second reading. Mayor Harris said the property owners to the west also have a responsibility to meet with the Post brothers. Uram said the proposal meets the requirements of R1-13.5 zoning district. The Planning Commission voted 6-0 to approve the proposal, subject to the Staff Report dated June 25, 1999. Mayor Harris inquired if anyone wished to address the Council on this proposal. Duane Dietrich,representing Taurus Properties, said he is the current owner of the property to the west. He has submitted a proposal to the City. Regarding communication with Post Construction, he has sent a letter and made two phone calls, but has received no response. If the Post brothers go ahead with development ahead of Taurus, and if the Council thinks Taurus should be tied to the Post development, his company will be held hostage. His company knows how it is going to develop its property. However, with the Post development, the Taurus property ends up with double frontage. They don't oppose the Post plat or that it will be developed with a road on the west side. He only objects to their developments being tied together. Ed Requet, 9248 Hearthstead Lane, lives east of the Post property. He also brought his concerns to the attention of the Planning Commission. He stated his concern about the size of the lots being smaller than surrounding developments, even though they meet City codes. He is also concerned about homeowners who buy the lots removing trees. He drew attention to the Post development of lots on the south side of Sunnybrook Road, where houses are just now being built, and wondered how long it will be before houses are built on the proposed site. CITY COUNCIL MINUTES August 3, 1999 Page 6 Lee Smith, 12500 Sunnybrook Road, who lives west of the proposal, asked how far back this new road has to go and if there doesn't have to be some landscaping. She is also concerned there is no contact between neighboring property owners and the developer. Her house is under a purchase agreement, but sale is contingent on the project going ahead. She also inquired if there is a legal setback from the proposed road. Mayor Harris said there is a real probability of the land being developed and the purchase agreement going through. Enger said, with regard to setback, in this case none is required. The road can go right up to the property line. Normally both properties would share in provision of right of way for the road. Steve Wagner, 9325 Wilderness Cove, submitted a letter, to be included in the record, which he sent to the Planning Commission. He said he has no problem with the Post brothers' development. However, he would like to be assured that, in the development process, codes and ordinances of the City would be enforced, such as 7:00 a.m. start and 7:00 p.m. shut down, illegal burning and portable toilets on the property. He wants the Post brothers to be responsible to the community and properties adjacent to theirs,to provide proper site barriers, to not cut down trees, and to comply with City ordinances. Post replied he would be totally agreeable to meeting with the property owner to the west and looking at the option of putting the cul de sac in the middle of the two properties. City staff could also be involved. Laura Wicklander, 9264 Hearthstead Lane, said her back door would look out on the back of Post Construction's property. She believes with the lot sizes being so small, the houses will be very close together. This causes a decrease in the value of surrounding homes. She also expressed concern about the financial aspects of building the road, and wondered if the company has the money to build it. Jim Myers, 9216 Hearthstead Lane, said the northeast corner of the Post property adjoins his property. His biggest concern is that the northeast comer is a very wooded area, and when Sunnybrook Woods was developed they had them put in a "no cut" easement to preserve those trees, the views and the neighborhood. He said it looks as if the house pads would be very close to his property line so would not want to see trees cut down at the back of the properties. He would like to see the lot sizes more on a par with the rest of the neighborhood. MOTION: Case moved, Thorfu nson seconded, to close the public hearing. Motion carried 4-0. Discussion followed. Butcher-Younghans said she has concerns about the Post Construction Company complying with City codes and OSHA requirements, and that what has happened in the past doesn't happen in this development. Enger said he believes the City can require proper toilet facilities at the site as part of the building permit review and inspections. City ordinances would apply to CITY COUNCIL MINUTES August 3, 1999 Page 7 this subdivision as it would to any other. If someone chooses to break these ordinances,the City would cite them with a violation. Pauly said a way to add to the ability to enforce code provisions would be to condition the approval upon provision in the development agreement that, in the event there are outstanding code violations with respect to this project, no further building permits would be issued until those violations are satisfactorily corrected. Case said there have been a lot of developments coming before the Council, but he doesn't remember having as many complaints by neighbors as this company has had. It has received a number of warrants because of construction noise, illegal burning, etc. By the number of calls received, he would support Mr. Pauly's suggestion that if there are violations, further building permits would not be issued until any violations have been corrected. Thorfinnson said he is concerned about the amount of tree loss, how trees will be preserved, and if that will come forward before final plat approval. Case said there are 14 significant trees, of which eight will be lost, but there are many other trees on the site that are not significant. There is a tree mass in the northeast corner. There may be a way in grading to fence off an area so an undisturbed mass of trees can be saved. Enger said Staff will really look at this issue between first and second reading. Eight significant trees will be lost. We would call for the protection of the remaining significant trees with construction fencing. However, construction grading shows grading over most of the northeast corner so whatever tree mass is there that is not counted as significant trees would be lost, according to the development plan. Staff will look again at that tree mass and see if grading boundaries can be tightened up to protect additional tree mass with construction fencing. Thorfinnson said he would like to make an attempt to be equitable and to follow what Council did on a piece of property to the east. Mayor Harris said that would be a second Council condition. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to adopt the Vt Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 3.08 acres; and adopt Resolution 99-132 for Preliminary Plat of 3.08 acres into 7 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and Council conditions that, in the event there are outstanding code violations with respect to this project, no further building permits would be issued until those violations are satisfactorily corrected, and that Staff review the grading plan to see if the tree mass in the northeast comer of site can be preserved. Motion carried 4-0. CITY COUNCIL MINUTES August 3, 1999 Page 8 Enger said, with regard to granting an early grading permit, Staff is going to review the grading plan between now and the second reading. The developer would obtain the permit at the time of the second reading. The City does not want it graded before then. C. MATTIS AUTO SERVICE by Matt Strodel. Request for Zoning District Amendment within the I-General District on 0.96 acres and a Site Plan Review on 0.96 acres with variances. Location: Industrial Boulevard south of Highway 62. (Ordinance for Zoning District Amendment) Enger stated the official notice of this public hearing was published on July 22, 199%in the Eden Prairie News and sent to two property owners. Matt Strodel, owner of Matt's Auto Service, is requesting approval to build a 3,500 square foot industrial building at his lot on Industrial Boulevard that has outdoor storage for 150 impound vehicles. He has had this location for 37 years. Recently, his office site on Excelsior Boulevard in Minnetonka has been purchased by NSP for a substation. As a result, he wishes to build a new office building on his lot in Eden Prairie. He needs an office that is bullet-proof because of the safety issue. He has had considerable discussion with Staff on the variances that would be needed. Uram said the project requires 13 variances. The Staff and Planning Commission differed on their recommendations. The Staff recommendations would reduce the number of spaces for cars. The variances need to be reviewed by the Board of Appeals at their next meeting, on August 12, 1999. The Council could defer to the Board of Appeals and review the project after their review. Butcher-Younghans wondered what the impacts are to Nine-Mile Creek of any contaminants caused by having this business next to the creek. Strodel replied he was asked by the Planning Commission to do a soil study and he is waiting for the lab report on that. He has had five more borings done, and the results just came back, showing no contamination in the soil or creek. He has a storage problem, because many of the impounded cars are abandoned by their owners. The price for scrap metal is down so he only gets $50 for each car. Strodel is currently holding 20 cars that were seized by the City of Eden Prairie. He has three storage lots in the area and a fourth in Chaska. The City now has asked him to reduce 60 spaces on the lot. Butcher-Younghans said she understands Staff has not had time to review the lab results because Strodel just received them. Mayor Harris said she also had concerns about what measures have been taken to protect the creek and if this is sufficient, or if the City should be looking at additional measures. CITY COUNCIL MINUTES August 3, 1999 Page 9 Enger said Staff recommends a bituminous lot rather than gravel,because you can put a curb along the edge of it to delineate the edge of the parking area and to protect the creek from runoff. With a gravel lot it is undetermined where you leave off parking cars. Enger said the catch basins could be designed with skimmers to take off any oil and antifreeze that are on top of the bituminous. Mayor Harris said, if this were approved, this is a non-conforming use for the property, and the Council does not often get a chance to review non-conforming property. Pauly said the Board of Appeals and, ultimately, the Council through review of the Board's action, could impose conditions on granting variances. Mayor Harris asked if it is possible to put a time limit on the non-conforming use of this property. Pauly said yes,through the Board of Appeals and Council's review of the Board's action, conditions could be imposed to limit the length of time for non- conforming use of the property. The property could continue to be used after that time,but it would have to conform to the code. Uram said, with regard to screening, the Planning Commission recommended fencing around the whole site. Strodel said he did agree to put a fence around the entire site. He is also agreeable to putting down bituminous on the lot. However, he has been in contact with the Watershed District and the DNR. The DNR representative said, because the lot has three gravel bases, this would be better than bituminous. There is a berm in front of the creek to protect it from runoff. The State requires that there be 35 feet from the center of the creek to the top of the berm. The tests of water quality show it is fine. His main concern is taking away space for 60 cars. Enger said the most critical thing about the property is that its use will not fit into the area intenminabl,v. Staff has talked to some developers about redevelopment of the area. It is probably the number one redevelopment area in the City. Thorfinnson said he is not very comfortable with all of the variances that would have to be granted and approving the proposal before it goes to the Board of Appeals. He would prefer that this citizen advisory board review it before the Council makes a decision. Mayor Harris said Council realizes there has to be some place to tow the cars. She asked for Staff input on appropriate mitigation methods for the creek; also the appropriate amount of time to allow non-conforming use of the property. They need to continue to review the necessity of this site and she would like to know how that would be done. She felt comfortable referring this to the Board of Appeals. CITY COUNCIL MINUTES August 3, 1999 Page 10 Thorfinnson said Council needs to realize Matt's Auto Service could choose to do nothing on the site and the Council would then have no impact on what happens there. Council should work with the Board of Appeals to improve the situation and also give Matt's Auto Service a facility that works for them. Enger said the Board of Appeals will review this item on August 12, 1999. MOTION: Case moved, seconded by Butcher-Younghans, to continue this item to the Council meeting on August 17, 1999. Motion carried 4-0. D. ADOPT RESOLUTION 99-133 RELATING TO DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 1, 2, 3, 4, 5, 6 AND 7; ADOPTING AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANSTHEREFOR Dietz said modifications to the project list require amendment to the TIF Plan. The amendment also reflects transportation needs and congestion issues. The Council is being asked to amend the costs of some of the projects and to allow ten new projects to be included on the list. Eden Prairie school districts and Hennepin County received notice of the public hearing for amendment to the plan. Ten new projects identified for inclusion on the list are: • Emergency Vehicle Preemption(EVP) ($125,000) • Five additional signals in the District($543,000) • Signal coordination project($250,000) • Reconfiguration of intersection at Mitchell Road/Anderson Lakes Parkway/Scenic Heights Road and installation of a traffic signal($550,000) • HOV bypass lane on northbound ramp from Valley View Road to I-494 ($100,000) • Valley View Road reconstruction from Flying Cloud Drive to Golden Triangle Drive($750,000) Mayor Harris inquired if anyone wished to address the City Council. No one did. MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to close the public hearing and approve Resolution 99-133 related to Tax Increment District. Motion carried 4-0. Mayor Harris recessed the meeting at 8:45 p.m.until 8:55 p.m. VII. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher- Younghans, Case,Thorfinnson and Mayor Harris voting"aye." CITY COUNCIL MINUTES August 3, 1999 Page 11 VIII. ORDINANCES AND RESOLUTIONS IX. PETITIONS,REQUESTS AND COMMUNICATIONS A. APPROVE REQUEST FROM TAURUS PROPERTIES FOR REMOVAL OF TRAIL REQUIREMENT FROM WYNSTONE DEVELOPMENT Lambert said, as part of negotiations between Jasper Homes and the City Council agreed to realigning a trail that made a connection between Forest Hills Road and Baker Road through the Jasper development, but when the trail was graded Staff realized the slope on the trail would exceed a 10 percent grade and cannot meet City standards for trail design. Due to the fact an existing sidewalk does provide access from the west to the sidewalk along Baker Road,'Staff would support the request from Duane Dietrich, Vice President of Taurus Properties, Inc., to eliminate this eight-foot trail requirement by Jasper Homes. Case said the Council's philosophical precedent was to connect neighborhoods, and that is still intact. MOTION: Butcher-Younghans moved, seconded by Case, to approve the request from Taurus Properties, Inc. for removal of the requirement for trail development. Motion carried 4-0. X. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPROVE MEMORANDUM OF UNDERSTANDING REGARDING ACQUISITION, STORAGE, AND DISPLAY OF HISTORIC ARTIFACTS AND USE OF HISTORIC SITES, BETWEEN EDEN PRAHUE HISTORICAL SOCIETY AND THE CITY OF EDEN PRAIIUE Tim Colliton, chair of the Heritage Preservation Commission, and Marie Wittenberg, representing the Eden Prairie Historical Society, are asking for approval of the Memorandum of Understanding. Pauly said a revision was made to Item 8 to the Memorandum of Understanding that permits either party to terminate the agreement with 90-days notice. Another revision is in Item 4; the original draft stated if the Historical Society should disband, the artifacts would be offered to the City. Pauly suggested the word "transferred"be substituted for"offered." Colliton said they worked hard to get this agreement together. It expands on a former Council resolution approved in 1975. Both organizations support it and ask for the Council's approval. Butcher-Younghans said, in creating a partnership between the City and the Historical Society, everyone wins. She thought it would be a good idea if the Historical Society gave the City, at the end of the year, an inventory of items the Society obtained throughout the year. CITY COUNCIL MINUTES August 3, 1999 Page 12 Wittenberg replied that she has kept an inventory for every year of the Historical Society's existence. Butcher-Younghans also thought it would be prudent to include some kind of measures the City should take to protect this collection from water or other damage. Pauly said the question is, who has responsibility for preserving the collection. Primarily it would be the Society's responsibility, in terms of insurance coverage. The City does have to provide adequate facilities to protect it. But absent any fault on the part of the City,the Society would be responsible for any loss. MOTION: Thorfinnson moved, seconded by Case, approval of the Memorandum of Understanding. Motion carried 4-0. B. APPROVE PURCHASE OF FENCING FOR THE J.R. CUMIVIINS HOMESTEAD HISTORIC SITE Colliton said the Heritage Preservation Commission would like to purchase 100 feet of ornamental wire fencing, including posts, gates, etc., to further define and provide protection to the property. Funds would come out of the budget for the J.R. Cummins homestead. Installation will be provided by the Park Department's maintenance division. It is unpainted and will rust over a long period of time, which will give it a historic look. MOTION: Case moved, seconded by Butcher-Younghans, to approve purchase of fencing for the J.R. Cummins Homestead Historic Site. Motion carried 4-0. C. APPROVE RECOMMENDATION TO DISCONTINUE SALE OF J.R. CUMIVIINS ART WORK AT DISCOUNTED PRICE Colliton explained the arrangement made to allow Eric Swallender, owner of Minneapolis Fine Arts, to purchase up to 100 limited edition prints of the J.R. Cummins Homestead for $50.00 each, half the price charged to the general public, for resale at his store. This arrangement was approved by the City Council in December 1994. However, the approval of this request resulted in many requests from other dealers to buy the print at reduced cost. The HPC believes this precedent of reducing prices for art dealers is a problem and may even harm the value of the prints. Mr. Swallender has purchased fewer than twenty prints and so has not benefited the City to any extent in raising restoration funds for the J.R. Cummins Homestead. The HPC recommends the City discontinue selling the prints to art dealers at a discounted price. Case said in 1994 the prints were in process of being moved from one location to another. Also, they had not been selling, and the City received this offer from the art dealer to purchase some of them, so it seemed reasonable at the time to accept the offer. However,it now seems reasonable to discontinue doing so. CITY COUNCIL MINUTES August 3, 1999 Page 13 Pauly said he was asked whether there was ever a contract with Mr. Swallender, but he was not able to discover one. During discussions with Staff he suggested perhaps an offer could be made to the art dealer to complete the purchase of the prescribed number of prints he hasn't purchased within a limited period of time, on the terms that were offered, and then terminate the deal at that time. Mayor Harris directed Staff to pursue this offer to Mr. Swalllender. Case recalled there was a limited edition of 1,000 prints signed by Les Kouba, under the condition that at some date 500 were to be destroyed. He asked Colliton where that stands at this time. Perhaps the remaining 500 cannot be sold. Colliton said he did not recall anything about destroying them. Enger offered to do get the answer to this question. MOTION: Butcher-Younghans moved, seconded by Case, to discontinue sales of Les Kouba prints of the J.R. Cummins Homestead to art dealers at a discounted price. Motion carried 4-0. M. APPOINTMENTS XII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER Enger asked if Council would be willing to hold a City Council Workshop on the budget, either on August 24 or August 31, in place of the workshop on August 17 before the Council meeting. Council selected August 24 at 5:00 p.m. for a workshop on the budget. 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 CITY COUNCIL MINUTES August 3, 1999 Page 14 A. COUNCIL FORUM INVITATION Mayor Harris announced the Council Forum will be 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. Mayor Harris stated if you wish to visit with the City Council and Service Area Directors at this time, it is important that you notify the City Manager's office by noon of the meeting date with your request. XIV. ADJOURNMENT MOTION: Butcher-Younghans moved, Thorfinnson seconded, to adjourn the meeting. Mayor Harris adjourned the meeting at 9:15 p.m.