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City Council - 02/06/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 6, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. MEALS ON WHEELS PROCLAMATION Lisa Toome and Jo Nealan of Meals on Wheels thanked the 250 volunteer drivers, many on the city staff. Meals on Wheels helps vulnerable seniors stay independent and have daily contact with caring volunteers. Young read the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY,JANUARY 16, 2007 MOTION: Nelson moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 16, 2007 MOTION: Aho moved, seconded by Nelson, to approve the City Council minutes as published. Motion carried 5-0. City Council Minutes February 6, 2007 Page 2 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 3-2007 AMENDING CITY CODE CHAPTER 9, SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PARKS AND ADOPT RESOLUTION NO. 2007-24 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION NO. 2007-25 AUTHORIZING ACQUISITION OF EASEMENTS FOR VALLEY VIEW ROAD TRAIL IMPROVEMENTS, I.C. 02-5586 D. RESCIND SPECIAL ASSESSMENTS FOR TRUNK SEWER/WATER AND CONNECTION FEES LEVIED AGAINST LOTS 12 & 13, BLOCK 1, THE COVE,AND AUTHORIZE REIMBURSEMENT TO THE VERIFIED "PAYOR" OF THE ASSESSMENT E. ADOPT RESOLUTION NO. 2007-26 AUTHORIZING CITY ENGINEER AND CITY ATTORNEY TO PURSUE ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF EDEN PRAIRIE ROAD TRAIL IMPROVEMENTS, I.C. 06-5682 F. ADOPT THE 2007 CITY COUNCIL OUT-OF-STATE TRAVEL PLAN G. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS FOR SHULDIESS ESTATE H. APPROVE 2007 TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE I. APPROVE AGREEMENT FOR COST PARTICIPATION FOR CONSTRUCTION OF THE TRAIL ALONG COUNTY ROAD 4 MOTION: Butcher moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER ALL PLATTED LOTS AND BLOCKS IN THE RIDGE AT RILEY CREEK, VACATION 06-06 (Resolution No. 2007-27) Neal said official notice of this public hearing was published in the January 18, 2007, Eden Prairie Sun Current and sent to 56 property owners. The Property City Council Minutes February 6, 2007 Page 3 Owner and Developer has requested the vacation of the original drainage and utility easements on the above listed Lots as they have been replaced by new drainage and utility easements. The new drainage and utility easements allow for larger useable rear yard areas while maintaining the same Lot and Block designation as the original plat. The vacation will not result in conflicts with installed utilities. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; and adopt Resolution No. 2007-27 vacating the drainage and utility easement over all of Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1 through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek. Motion carried 5-0. B. BENT CREEK GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 863 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1St and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural. The proposed zoning change is to GC — Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Bruce Malkerson, attorney for Bent Creek majority owner Sam Hertogs, read a copy of a memo outlining his client's position. The Mendota Golf LLP vs. City of Mendota Heights case, which also featured inconsistencies between the guiding and zoning, was resolved through a negotiated settlement allowing development, granting an easement over 5.5 acres of open space, and authorizing a referendum for the City to purchase the property for$2.6 million and continue to operate it as a golf course. Another relevant case is the Wensmann Realty, Inc vs. City of Eagan case, which will come before the Supreme Court March 7t1i. Malkerson asked the City to authorize a referendum for City purchase of Bent Creek at a price that reflects its potential as a developable property, to table the rezoning until after the Wensmann decision, to acquire a written legal opinion prior to the rezoning, and to modify the guide plan to allow property development. Full text of Malkerson's memo and comments is in the record. Neal explained he and the Mayor had conferred with Staff and other Council members to recommend a revised motion. Rosow said Staff's recommendation is that if the Council wishes to proceed on this item, they should take public comment tonight and close the public hearing, with the stipulation that additional written testimony would be accepted by the City Manager's office until noon on City Council Minutes February 6, 2007 Page 4 Friday, February 9"', 2007. The first and second readings should be tabled until the next Council meeting on February 20"', 2007 in order to allow Staff, including the City Attorney, to prepare written findings in support of the ordinance. By directing Staff to prepare these findings prior to passing the ordinance, the City will have clearly articulated the reasons for the guiding and zoning and be in a better legal position. Rosow said he would read into the record an overview and explanation of the supporting documentation after the public had a chance to speak. Starr Bourque, of 14267 Wedgeway Court, said she lives on the course. She expressed concerns about flooding if the golf course is developed and regarded. The area was engineered to have the golf course in the middle of it and rainfall currently drains into ponds on the golf course. The property owners own a golf course and the action does not devalue the property. The developer got to put in townhomes in exchange for the golf course open space. All 836 neighbors will back the Council in maintaining the area as a golf course. Steve Chelesnik, of 7269 Howard Lane, said Edenvale was a highly negotiated development, and the golf course was a key factor in negotiations approving the PUD. He disputed Malkerson's assertion that it was not a true PUD or that the restrictions on development do not have a rational basis. The restrictions on the course were the result of a hard bargain, and the course was subsequently used again by the owners to gain concessions. Chelesnik also disputed the argument that the zoning represents an unconstitutional taking. The key to that argument is the current golf course is insolvent and worthless. Chelesnik shared statistics attesting to the popularity of golf and suggested the owner had not attempted to run the business at a profit. For example, the elimination of initiation fees (a major income-producer for any golf club) and reductions in restaurant hours limited income. The owner refused to provide financials to any buyers interested in operating the property as a golf course, in effect discouraging these offers. Regarding the Mendota Heights and Wensmann cases, Chelesnik said neither case had the PUD and level of documentation the City has for Bent Creek. Tom Murray, of 9160 Flyway Circle, said he is not a course member and does not live nearby. However, he supported the City as a taxpayer, even if the matter goes to litigation. A precedent could be set for others to try to take advantage of situations. Malkerson expressed concern that he would have inadequate time to respond to Rosow's list of items if the deadline for testimony was Friday. If there are new documents, there would be insufficient time to review them. He asked that a copy of the items be provided by the end of the day Wednesday and that the comment period be kept open for at least two weeks. Rosow said Malkerson already had all the documents he would present on disk, and that an additional copy of the disk could be provided. Malkerson said he still requested an extension as documents might be added by others. City Council Minutes February 6, 2007 Page 5 Martha Chambers, of 14386 Fairway Drive, said the ordinance is sensible and preserves open space. She said she both lives on the golf course and works in a building fronting it, and appreciates the wildlife. Eden Prairie is already 92% developed and green space is needed for air quality and the quality of life for all residents. Jim York, of 13252 Kerry Lane, said he was a longtime member of Bent Creek. The club has been poorly run and managed in recent years, and members have received numerous offers to join elsewhere. Some have, and others have taken leaves of absence. Though talented staff have left or been fired and the course is poorly run, it remains an excellent course especially given its small size. Ron Kumer, of 7221 Howard Lane, said he lives on the golf course and is a member. He noted he had owned recreation and event planning businesses in the past, so was interested in purchasing the course together with other member investors and operating its as a golf course. The owner refused to provide financials or even discuss the possibility. The 300 remaining members are frustrated at their inability to improve what they have and to be proud of it. Lisa Rolf, of 6923 Canterbury Lane, said she lives across the street from the course, and that the proximity to open space was a factor in their purchase decision, as they are bird watchers. She read a letter from her teenage daughter on the beauty of the birds and wildlife in the area. Roth said Mayor Redpath and the Council as the time of the Edenvale development worked hard to help Eden Prairie transition from rural to suburban. There was a clear attempt not to repeat mistakes made in the Preserve development. The Council demanded a written commitment to 25% open space within the development, and this represents a promise to the families that live in the thousand-acre development. No additional parkland can be added if the course is developed. Scott Thompson, of 6860 Canterbury Lane, said he lives on the course and fully supports the rezoning. It is right for the neighbors and for the City as a whole. Steve Geske, of 6800 Canterbury Lane said he had lived in the Edenvale development for 32 years, having bought the property from his grandparents. The open space was what attracted him vs. buying in an area with block after block of houses. If the owner is unable to run his business at a profit, that is not the City's fault. The area has to be reguided or rezoned somehow, and it should be done in a way that benefits the City. Rosow said many documents had been provided to the owner's attorneys on CD- ROM, compromising the City's entire records with respect to the development of the Edenvale PUD in the 1970s, 1980s and 1990s. Rosow presented an unwritable copy of the CD to the City Manager for the record, as well as a comprehensive index of the contents, which he also offered to Malkerson. Rosow read into the record the following selected items from the CD as particularly noteworthy: City Council Minutes February 6, 2007 Page 6 ■ Supplemental Information for Edenvale PUD Application 70-4 ■ Edenvale PUD Concept Stage Application 2nd'revised August 1, 1970, Second Supplement August 25, 1970 ■ Supplemental Information for Edenvale PUD Application 70-4 ■ Feasibility Report for City of Eden Prairie I.C. 51-272 Valley View Road Dated February 1985 ■ 1973 Special Assessment Hearing Minutes, October 3, 1973 City Council ■ City Council Minutes, June 17 1986 ■ March 20, 1985 letter from Samuel Hertogs to Eugene Dietz ■ Village of Eden Prairie Engineering Report on Final Plat Edenvale 6d' Addition, August 8, 1973 ■ Edenvale Promotional material "Edenvale a Home for all Seasons." ■ Edenvale facts and brief ■ Land Use Plan, July 1970 ■ Edenvale Land Use Plan 5-782 ■ Comprehensive Guide Plan approved by the Village Council 5-68 ■ Eden Prairie Guide Plan Update Preliminary August 1977, Land Use Plan revised February 1978 and May 1978 ■ City of Eden Prairie Land Use Guide Plan map 2001-2020 with Edenvale PUD boundaries ■ Community Development Program for the Village of Eden Prairie, MN Part II Plan Elements Prepared by Brauer and Assoc, Inc. 1968 ■ Development Map 1969, Boundaries of Bent Creek Golf Course ■ Edenvale PUD Boundaries Development Maps 1970 through and including 1995 ■ Edenvale Land Use Map ■ Section 11 City of Eden Prairie Ordinance 135 ■ Edenvale Boundaries and Zoning Districts Map ■ Edenvale Boundaries and Flood Plain Delineation Map ■ Edenvale Boundaries and Wetland Delineation Map ■ Edenvale PUD —Ownership Status of Common Grounds/Association Property and Associated Map ■ April 29, 1977 Cash Park Fee Report ■ Resolution 78-22 Establishing Policy for Cash Park Fees ■ Village of Eden Prairie Resolution 459 and Amendment to Edenvale PUD, PUD-70-4 ■ Resolution No. 362 Village of Eden Prairie approving PUD Development Plan for Edenvale PUD 70-4 ■ City of Eden Prairie Engineering Report on Final Plat called Vista Addition, April 27, 1978 ■ Planning Report, July 5, 1972, Edenvale Concept Plan— 1972 Revision ■ Planning Review Report, Village of Eden Prairie, July 9, 1970, Edenvale PUD-70-4 ■ Draft Environmental Impact Statement, Edenvale 1 lth Addition, No. 3188, Edenvale PUD, Eden Prairie, MN dated October 31, 1975 0 Edenvale Fact Sheet, January 1, 1972 City Council Minutes February 6, 2007 Page 7 ■ Brauer and Assoc Memorandum to City Manager, November 9, 1977 ■ Memorandum dated September 30, 1977 to Mayor and City Council from Marty Jensen ■ Memorandum dated September 15, 1977 to Park, Recreation and Natural Resource Commission from Marty Jensen ■ Shades of Eden, the Edenvale Community Newspaper Issue 1-Early Spring 75 ■ Visitor's Guide to Edenvale ■ August 5, 1974 letter to Mrs. Judy Strommen ■ December 30, 1973 letter to Robert Heinrich from Donald Peterson ■ September 6, 1973 letter from Eden Land Corporation to Mayor and City Council ■ August 27, 1973 letter from Eden Land Corp to Mayor and City Council ■ January 4, 1973 from Eden Land Corp to Village Manager ■ January 3, 1973 letter from Eden Land Corp to Jerry Kingrey ■ Minneapolis Star Tribune article, August 13, 1972 ■ August 10, 1972 article in the Sun Newspaper ■ August 3, 1972 article in the Sun Newspaper ■ Land Use Plan July 1979 All the above items are part of the City's files. Rosow also read a list of additional pertinent documents, including: • November 10, 2006 letter from Shenehon Company to Bruce Malkerson, Re: Summary of market values of Bent Creek Golf Club in Eden Prairie, MN • November 10, 2006 letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Course in Eden Prairie, MN based on hypothetical assumption that the property continues as a going concern golf club • November 10, 2006 letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Club in Eden Prairie, MN based on hypothetical assumption that land is vacant and available for development to its highest and best use under rural zoning district • November 10, 2006, letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Club in Eden Prairie, MN based on hypothetical assumption that single family residential development to a density of three units per acre would be permitted. • November 21, 2006 letter from Richard F. Rosow to Bruce Malkerson, Re: Golf View Investment Co. No. 2 financial records • Wensmann Realty, Inc, et al. v. City of Eagan, Court File No. A05-1074, May 23, 2006, Review Granted August 15, 2006 • Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 All documents and maps have been provided to Malkerson. City Council Minutes February 6, 2007 Page 8 Neal recommended if the Council wishes to proceed on the ordinance, it should direct staff to prepare findings in support of adopting the rezoning for presentation at its February 20, 2007 meeting. Council should move to close the public hearing but allow written testimony until February 9, 2007, or possibly February 16 as an alternative. Rosow said material must be received by the 9d'in order for it to be reviewed and findings prepared and included in the packet. Victoria Ralb, of 6890 Canterbury Lane, asked why the Council was delaying a vote on the ordinance and what would be gained by delay. Rosow said since there is a threat of litigation, it would be best to have written findings giving a full explanation of the rationale for the decision in the record. Extending the deadline for testimony is appropriate as part of due process. Young asked Staff's opinion on Malkerson's request that the matter be tabled until after the Wensmann decision. Neal said the City has provided sufficient due process and recommended sticking with the current timeline. Duckstad opposed postponing the matter further and said the ordinance should be voted on after the findings are prepared. MOTION: Nelson moved, seconded by Butcher, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1St reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. C. OLYMPIC HILLS GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change). Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 790 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1St and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural, RM-6.5, and R1-13.5 .The proposed zoning change is to GC— Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Rosow recommended all the golf course re- zonings be voted at the February 20d'meeting. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1St reading of the Ordinance for Zoning District Change, City Council Minutes February 6, 2007 Page 9 and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. D. BEARPATH GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 796 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1St and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural. The proposed zoning change is to GC— Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1St reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. E. GLEN LAKE GOLF COURSE REZONING Request for: Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 76 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1St and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Public .The proposed zoning change is to GC —Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. MOTION: Duckstad moved, seconded by Nelson, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1St reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. F. WHISPERING RIDGE Request for: Zoning District Change from R1-22 to R1- 13.5 on 3.78 acres, Preliminary Plat of 3.78 acres into nine lots and road right-of- City Council Minutes February 6, 2007 Page 10 way. Location: 16440, 16480, 16500 Hilltop Road. (Ordinance for Zoning District Change; Resolution No. 2007-28 for Preliminary Plat) Neal said official notice of this public hearing was published in the January 25, 3007 Eden Prairie Sun Current and sent to 98 property owners. This is a nine lot single family development. The density of the project is 2.38 units per acre and meets all requirements of the R1-13.5 zoning district. The proposed plan shows Hilltop Road realigned and terminating as a cul-de-sac within the site. The excess road surface west of the realigned street will be removed and restored in turf. Two properties on the south side of Hilltop Road will require driveway realignments. The developer and staff met with the two property owners whose driveways would be affected by the plan and how the driveways would be realigned. Flying Cloud Airport is located approximately one-half mile to the east of the property. Because of the existing and projected number of aircraft over-flights to occur in this area from the Flying Cloud Airport, the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. The Planning Commission voted 4-1, with one abstention to recommend approval of the project at the January 8, 2007 meeting. Nathan Jones, project manager, said he was approached about the project after the extension of sewer and water to the area. A 2002 home will remain, two will be removed, and 6 homes added. The density is transitional between the densities on either side. The current "hammerhead" road will be replaced with a cul de sac providing better traffic safety and additional green space. Plans call for construction in late spring or early summer with pricing in the $600,000 range. Nicole Armstrong, of 9221 Shetland Road, said the hammerhead had impacted her property significantly and supported the cul de sac and realignment of the road. Butcher asked for Staff comment on the resident's request. Dietz confirmed the plan calls for elimination of that section of road. Young asked the reason for the Planning Commission's nay vote and abstention. Jeremiah said there was some concern about increased density in the area. There is however variety in the area—the density on one side is identical, and on the other it is lower. The zoning change is in conformance with the guide plan and no variances are required. Staff recommends approval. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing; approve 1st Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres; adopt Resolution No. 2007-28 for Preliminary Plat on 3.78 acres into nine lots and road right-of-way; and direct Staff to prepare a City Council Minutes February 6, 2007 Page 11 Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. G. BIRCH ISLAND PARK Request for: Site Plan Review on 28.3 acres. Location: 6225 Eden Prairie Road. (Resolution No. 2007-29 for Site Plan Review) Butcher exited the meeting at 8:45. Neal said the next five items are site plan reviews for five City parks. The site plan for Birch Island Park shows the park entry in a new location, a new paved driveway, and parking lot for 15 parking spaces. An eight foot wide bituminous path is proposed to link the park with the existing trail along the south side of County Road 62. Currently the park is minimally developed and has a gravel surface parking lot for 10 vehicles. Nature trails and an informal picnic area are the only park amenity improvements. City staff invited residents that live in the vicinity of Birch Island Park to a Park Planning Meeting at City Hall on June 12, 2006. Notice was mailed out to 310 residents and approximately 40 people attended the meeting. Input from these residents was used to determine what improvements should be made to this park. The amenities that were desired by the neighbors included a paved parking lot, a better driveway location/access point, a children's play area with picnic shelter and a trail(s) connection. Based on the feedback the Staff received from the neighbors a park concept plan was developed and presented to the Parks, Recreation and Natural Resources Commission at their August 7, 2006 meeting. Several residents attended the meeting and the concept plan was approved on a 7- 0 vote by the Commission. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007, meeting. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2007-29 for Site Plan Review on 28.3 acres. Motion carried 4-0. H. COMMUNITY CENTER & ROUND LAKE PARK Request for: Site Plan Review on 103 acres. (Resolution No. 2007-30 for Site Plan Review) Location: 16700 Valley View Road. Butcher returned to the meeting at 8:48 p.m. Neal said the Community Center Addition consists of the internal redesign, reconstruction and a new building addition onto the east side of the current facility. A third ice rink is being shown on the plan as a bid alternate. The Round Lake Baseball Field/Community Center Parking project includes site grading, storm water utility work and storm water ponds, bituminous parking lot with curb, sidewalks and trails, a new fenced baseball field with drain tile and irrigation, ball field amenities including dugouts and bleachers, and landscaping. City Council Minutes February 6, 2007 Page 12 This joint building, parking lot and ball field redesign project has received design input and feedback from the Parks and Natural Resources Commission, Community Center members and users, City Staff, School District Staff and several youth athletic association representatives. The preliminary design information and cost estimates were approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the baseball field, parking lot and Community Center addition. The concept plan for approved by the Parks, Recreation and Natural Resources Commission at their June 5, 2006 meeting on a 9-0 vote. The preliminary construction plans for the re-designed baseball field, parking lot and Community Center Building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. A Variance to permit a 0 foot rear yard setback for the Community Center addition was approved. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2007-30 for Site Plan Review on 103 acres. Motion carried 5-0. I. EDENVALE PARK Request for: Site Plan Review on 9 acres. Location: 7300 Edenvale Boulevard. (Resolution No. 2007-31 for Site Plan Review) Neal said the proposed project is to reconstruct the layout and facilities of an existing neighborhood park and to construct a new park shelter building, parking lot, trail, sports field, hockey, and skating rink. This project received design input and feedback from adjacent neighbors at three informational meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Edenvale Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 7-0 vote. The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. The Planning Commission approved a Variance to City Council Minutes February 6, 2007 Page 13 permit a 27.3' front yard setback for the parking lot and a Variance to permit a 41.46' front yard setback for a basketball court. The Planning Commission added the motion contingent upon further discussion regarding tree loss with neighbors and City Staff and also to have natural plantings in this park. Staff has worked with the neighbors about the tree and landscaping issues at Edenvale Park since the Planning Commission meeting. Staff is proposing to keep as much of the treed vegetation as possible in the drainage swale along Edenvale Boulevard. Staff has also worked with the consultant to revise the landscape plan to add 7 trees and naturalized plantings along Edenvale Boulevard. Deb Heatherington of 7252 Sunshine Drive said she represented about 20 neighbors to the east of the park. She said Staff had been very responsive to neighbors' desire to save trees and overall neighbors are satisfied. In addition to the actions already taken, Heatherington asked that two ash trees on the southwest corner and a significant maple along the ditch also be saved. She asked if trees would be marked prior to removal so neighbors could confirm which ones would be removed. Aho commended Staff and asked them to continue to work with residents to preserve trees. Butcher asked if the City routinely marks trees prior to removal. Lambert said that given the neighborhood interest, the City would place ribbons on trees to save and trees to try to save. Staff will also meet with bulldozer drivers to make sure they understand the intention. The park layout is tight,but Parks shares the desire to preserve trees and will do its best to preserve them. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2007-31 for Site Plan Review on 9 acres. Motion carried 5-0. J. FOREST HILLS PARK Request for: Site Plan Review on 57 acres. Location: 13708 Holly Road. (Resolution No. 2007-32 for Site Plan Review) Neal said the proposed project is to construct a new park shelter building,hockey, and skating rink and to reconstruct the layout of existing sports fields. This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Forest Hills Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 6-0 vote (one Commissioner left the meeting prior to this vote). The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 5-1 to recommend approval of the project at the January 8, 2007 meeting. City Council Minutes February 6, 2007 Page 14 Frank Powell, of 14075 Sundial Court, said the site plan overdevelops the park and eliminates the hills that gave the park its name. The plan eliminates the two- level playground and the long slides from one area to the other, which the kids love. Grading for the fields will also affect the sledding hill. Students were not aware of the proposed changes. Powell presented a petition circulated by his daughter with 73 kids' signatures. Powell acknowledged he was late to the process but asked the matter be tabled. John Mallo, of 14000 Forest Hills Road, said the hill is a meaningful part of the park and should be preserved. Butcher said it is appropriate to discuss residents' concerns,but noted the site plan has already gone through a public hearing process with unanimous approvals by the Parks and Planning Commissions. Nelson said she was concerned children at Forest Hills would be unhappy with their own park. She supported at least postponing the matter for two weeks. Duckstad agreed. Lambert said the change in the playground to one level is the express request of Forest Hills staff,repeated over at least the last decade. The current two-level setup requires double staffing to supervise both areas. Erosion is also a problem on the hill. There was public notification of hearings to 800 homes and no opposition up to this time. The project has already gone to bid. The new playground will be a vast improvement and a much better use of the site. Duckstad asked if there would still be any hill for sledding. Lambert said the sledding hill is a different hill, more to the west. Plans call for grading a swale to direct sleds onto the soccer field, much as was done at Staring Lake. Mallo noted neither he nor Powell had received notification letters. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2007-32 for Site Plan Review on 57 acres. Motion carried 4-1 with Nelson opposed. K. PRAIRIE VIEW PARK Request for: Site Plan Review on 8.6 acres. Location 17255 Peterborg Road. (Resolution No. 2007-33 for Site Plan Review) Neal said the project includes site grading, sanitary and water utility work and construction of a new park shelter building. This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The preliminary construction plans for minor park grading and a new park building were reviewed and approved by the Parks, City Council Minutes February 6, 2007 Page 15 Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. The Planning Commission approved a Variance to permit a 20' side yard setback for a new park shelter building. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing; and adopt Resolution No. 2007-33 for Site Plan Review on 8.6 acres. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Aho, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Duckstad, Nelson and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. BENT CREEK GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal noted these actions continue the 2nd readings to the next meeting just as the 1St readings were continued earlier on the agenda. MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 105.8 acres to the February 20, 2007 City Council meeting. Motion carried 5-0. B. OLYMPIC HILLS GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change) MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC- Golf Course on .52 acre to the February 20, 2007 City Council meeting. Motion carried 5-0. C. BEARPATH GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) City Council Minutes February 6, 2007 Page 16 MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 198.04 acres to the February 20, 2007 City Council meeting. Motion carried 5-0. D. GLEN LAKE GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for rezoning from Public to GC-Golf Course on 50.69 acres to the February 20, 2007 City Council meeting. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Friendship Ventures MOTION: Young moved, seconded by Aho, to add a discussion of Friendship Ventures to the agenda. Motion carried 5-0. Young noted the Council had been presented with several options during its workshop discussion. He asked for Councilmember and staff feedback on the different options. Neal said there are a number of possibilities. Council could direct Staff to work with Friendship Ventures in the current historic preservation context, going to mediation if necessary, could direct one or more City Commissions to take up the matter in pursuit of a specific outcome, could send the matter to various Commissions for open comment, could terminate Friendship Ventures' lease, or direct Staff to engage more closely with Friendship Ventures staff to help them come into compliance with current building codes and grant agreements. Regarding Friendship Ventures' to delist the property as a historic site, Neal said he was not optimistic the letter of agreement for the state grant could be amended or rejected, since there is no process in place for that purpose. He also did not recommend terminating the lease, though the City would be within its rights to do so. Neal said he would prefer to work with Staff to help Friendship Ventures comply with historic preservation and City building requirements. Friendship Ventures has concerns about meeting its timeline to be open for summer camps,but Neal believed impediments to progress could be overcome. There are still solutions left to explore that meet everyone's needs. City Council Minutes February 6, 2007 Page 17 Duckstad agreed it appeared the situation could still be worked out, and the other alternatives are not good. A closer engagement to problem-solve and come to an agreeable resolution should be tried. Neal noted the course is practical, since the project would be hard pressed to ignore the state grant agreement. Changes are not viable unless it is impossible for Friendship Ventures to comply with the agreement given its current mission. Friendship Ventures has also been frustrated and hopes it has turned a corner with the hiring of a new construction manager. Nelson proposed directing Staff to work with Friendship Ventures, especially regarding the piers and lattice. It is important to families to get the camp open for the summer season and important to capitalize on the goodwill of all the donors and volunteer building trades workers who have been involved in the project. Aho said historic preservation is important, but the needs of the kids are more important. With compromise on both sides the construction can be expedient yet still historic. Butcher said the relationship between the City and Friendship Ventures should be preserved. Working together is an excellent idea. However, mutuality is key. There have been several things the City asked Friendship Ventures to do that they did not do. Both sides need to put forth a stronger effort to work together for solutions. Young agreed permits, plans, and the project manager all need to be strong to ensure the success of the project. He said he was more hopeful after the workshop that the mission of Friendship Ventures and the goal of historic integrity could be reconciled. However, Friendship Ventures is the more important goal. Young expressed frustration that the City lost control of its property for a $30,000 grant. He suggested investigating repaying the grant to remove these constraints, or having Friendship Ventures explore this possibility. Duckstad said he was impressed with ideas brought forth at the workshop and thought the project could be saved. Butcher noted the City has received hundreds of thousands of dollars for historic preservation from the State, and still has a$79,000 grant waiting that is earmarked for this project. The city's reputation in applying for future grants is also at stake if the grant is turned back. Much more than $30,000 is involved. Lambert said at least three Parks Commission members are concerned about the project and would welcome Staff efforts to help Friendship Ventures comply with the existing approved plans. He asked if any significant changes in the plans would be returned to the Commissions, as is customary, or if the whole negotiation would be handled by Staff. Neal said there have been many deviations from the plans, and not all minor ones,but most don't rise to the level of a significant change. The treatment City Council Minutes February 6, 2007 Page 18 of the foundation piers is major issue, and issues around windows and the ceiling exist as well. The goal is to get back to the original plan with slight amendments. Time is of the essence and the project cannot afford to go through another six to nine month process. The landscaping and trail plan might be one area that needs to go back before the Commission. Butcher noted both Staff and state staff are already working on returning to the original building plan. The landscaping is a different matter. Landscaping and large boulders were added without any review by the Parks Commission whatsoever. Lambert added the site is City parkland, and changes to the grading and drainage needed to be approved not only by the Parks Commission but also by the Watershed District. Friendship Ventures is only leasing the property and the City must send a message that it can't alter City property without proper process and approvals. Neal said the proposal is for the City to much more actively engage the project, reclaiming its rights as the landowner and proactively working to monitor the project and develop solutions. All Councilmembers affirmed this strategy. B. REPORT OF CITY MANAGER 1. Citizen Budget Task Force Neal presented a proposal for a Citizen Budget Task Force, prepared by Councilmember Duckstad from a Staff draft. The proposal seems to fit Council's previous discussions and seems workable. Duckstad said he merely altered the draft to put it in a format similar to other boards and commissions. The proposed mission statement charges the task force to assist in the budget process by making recommendations. Neal said the budget task force would be distinct from many other Commissions by being more advisory in nature. Rather than reacting to their findings, as Council often does for the Planning Commission, Council would take a more directive role in the task force's work and continue to bear the fiduciary responsibility. Young, Duckstad and Aho all agreed that Council retains this responsibility. Aho said the task force is just another set of eyes looking at the budget. Butcher noted she had been resistant to the idea of the task force precisely because the budget is one of the Council's most important responsibilities, and one that should be undertaken by elected officials who are directly accountable to residents. However, since the charge is clear that the budget task force is advisory, it could work. City Council Minutes February 6, 2007 Page 19 Neal agreed Council should in no way cede authority over the budget or allow the task force to set policy direction. The task force also must not trump the work of the other Commissions. The idea of the task force is to gather persons of high competence to assist the City Manager and Council with operational improvements that can help the City realize the Council's vision more efficiently. Neal said he would bring a formal charge for the task force for approval at the February 20, 2007 Council meeting. Young said the task force needs to be ready to assist at the outset of the budget process, starting in March. Neal said the recruitment process would start promptly and invited Councilmember input. 2. Council Goal Setting Session Neal said the first phase goal setting session would take place March 1 from 6-9 p.m. Lead consultants from Decision Resources, Inc. will present findings of the 2006 community survey. A summary presentation will also be given at the March 3rd Council meeting. 3. 2007 City Legislative Agenda—State and Federal Neal sought Council authorization for Councilmembers and Staff to undertake advocacy for items on the 2007 state and federal legislative agenda. MOTION: Aho moved, seconded by Duckstad, to approve the Municipal Legislative Commission's 2007 legislative program and the City Manager's proposed 2007 federal legislative agenda. Motion carried 5-0. 4. Flying Cloud Airport Advisory Commission Workshop Neal said a joint Flying Cloud Airport Commission/City Council workshop is scheduled as a check-in on the first anniversary of the Commission's reauthorization. Neal said he also hopes to bring a proposal to the Council for City financing of water and sewer extensions to the airport. Current financial constraints of the MAC mean these improvements are years off for them. If the City wishes to move forward, it could create a special assessment agreement with the MAC to accelerate these improvements. 5. Community Center Improvement Project—Approval Timeline Neal said Staff and the construction manager will begin the formal bid process on February 15th, open bids on March 8d', and bring bids before the Parks Commission on March 13d'. The contract will come before the Council for approval on March 20d', with contract documents to be City Council Minutes February 6, 2007 Page 20 finalized by April 3rd and construction slated to begin on April 16d'. The anticipated project completion date is March 1, 2008. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Forest Hills, Prairie View and Edenvale Park Improvements Bids Lambert said the City took bids for the improvement of all three parks in one package. Bids were estimated at$1 million,but with about 18 bidders, the low bid came in significantly under the estimate at $785,795.58. The Parks Commission unanimously voted to award the bid. MOTION: Aho moved, seconded by Nelson, to award the bid for reconstruction of Edenvale, Forest Hills, and Prairie View Parks to Quiring Trucking and Excavating in the amount of$785,795.58. Motion carried 5-0. 2. Forest Hills, Prairie View and Edenvale Parks Shelter Buildings Bids Lambert said the City lumped bids for three identical parks shelters into one package. The cost was estimated at$900,000 based on the cost of adding a parks shelter four years ago, plus inflation. Bids again came in much lower, with the low bid of$674,990 unanimously approved by the Parks Commission. MOTION: Aho moved, seconded by Butcher, to award the bid for construction of Edenvale, Forest Hills, and Prairie View Parks shelter buildings to Rochon Corporation in the amount of$674,990. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved to adjourn the meeting. The meeting adjourned at 10:03 p.m.