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City Council - 02/12/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 12, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Troop 695 from Prairie Lutheran Church for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. RECOGNITION OF SUPERVALU CEO JEFF NODDLE'S DESIGNATION AS MN BUSINESS JOURNAL EXECUTIVE OF THE YEAR Mayor Young read a proclamation recognizing SuperValu CEO Jeff Noddle's designation as Minnesota Business Journal's Executive of the Year. B. NINE MILE CREEK WATERSHED DISTRICT Corinne Lynch, Eden Prairie's representative on the Nine Mile Creek Watershed District Board, presented a check in the amount of approximately $30,000 to help reimburse the City for surface water maintenance projects. She reviewed the other major projects in which the Watershed District is currently involved in the City. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said a Temporary Liquor license for the Foundation for Eden Prairie Schools has been added to Item VIII.A. CLERK'S LICENSE LIST. We have received a request to continue the public hearing for Item IX.B. TOP DOG COUNTRY CLUB & VET CLINIC. There are additions to the list of contributions and donations in Item C.2. Accept and Recosnize Gifts and Donations for 2007. MOTION: Butcher moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. CITY COUNCIL MINUTES February 12, 2008 Page 2 VI. MINUTES A. COUNCIL PLANNING SESSION HELD SATURDAY,JANUARY 19, 2008 MOTION: Aho moved, seconded by Butcher, to approve the minutes of the Council Planning Session held Saturday, January 19, 2008, as published. Motion carried 5-0. B. COUNCIL WORKSHOP HELD MONDAY,JANUARY 22, 2008 MOTION: Nelson moved, seconded by Duckstad, to approve the minutes of the Council Workshop held Monday, January 22, 2008, as published. Motion carried 5-0. C. CITY COUNCIL MEETING HELD MONDAY,JANUARY 22, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Meeting held Monday, January 22, 2008, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. PRAIRIEVIEW CENTER FACADE REMODEL Second Reading of the Ordinance 3-2008-PUD-3-2008 for Planned Unit Development District Review on 13.63 acres and Zoning District Amendment in the Commercial Regional Service District on 13.63 acres and Resolution 2008-18 for Site Plan Review on 13.63 acres. Location: 930 Prairie Center Drive. (Ordinance No. 3-2008-PUD-3-2008 for PUD District Review and Zoning District Amendment; Resolution No. 2008-18 for Site Plan Review) C. ADOPT RESOLUTION NO. 2008-19 APPROVING FINAL PLAT OF ENTERPRISE RENT-A-CAR D. ADOPT RESOLUTION NO. 2008-20 APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES E. ADOPT RESOLUTION NO. 2008-21 AUTHORIZING ACQUISITION OF EASEMENTS FOR FLYING CLOUD DRIVE IMPROVEMENTS, I.C. 07-5708 F. APPROVE PURCHASE OF REPLACEMENT VENHICLES AND EQUIPMENT LISTED IN THE 2008 BUDGET G. APPROVE PROPOSAL FROM SRF FOR FINAL DESIGN PLANS AND SPECIFICATIONS FOR STABILIZATION AND RESTORATION STUDY OF LOWER MINNESOTA RIVER WATERSHED DISTRICT AREA 4 CITY COUNCIL MINUTES February 12, 2008 Page 3 H. ADOPT RESOLUTION NO. 2008-22 DECLARING THE CITY'S INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS I. ADOPT RESOLUTION NO. 2008-23 AUTHORIZING CONVEYANCE OF LOT 1 BLOCK 1 AND OUTLOT C CASTLE RIDGE ADDITION TO THE CITY OF EDEN PRAIRIE HOUSING AND REDEVLOPMENT AUTHORITY J. ADOPT RESOLUTION NO. 2008-24 SUPPORTING (HCRRA) REQUEST FOR$10 MILLION IN STATE BONDING TO FUND SOUTHWEST TRANSITWAY ENVIRONMENTAL IMPACT STATEMENT (EIS) AND PRELIMINARY ENGINEERING (PE) K. ADOPT RESOLUTION NO. 2008-25 SUPPORTING REQUEST FOR$1 MILLION IN FEDERAL FUNDS TO FUND THE SOUTHWEST TRANSITWAY EIS L. ADOPT RESOLUTION NO. 2008-26 SUPPORTING A STABLE, DEDICATED FUNDING SOURCE FOR TRANSIT CAPITAL AND OPERATIONS INCLUDING THE SOUTHWEST TRANSITWAY M. ADOPT RESOLUTION NO. 2008-27 REQUESTING THE SOUTHWEST TRANSITWAY BE GIVEN HIGHER PRIORITY IN METROPOLITAN COUNCIL'S UPDATED 2030 TRANSPORTATION POLICY PLAN MOTION: Butcher moved, seconded by Duckstad, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. MINC RILEY LAKE—VERIZON WIRELESS TOWER Site Plan Review on 29.84 acres. Location: 9100 Riley Lake Rd. (Resolution No. 2008-28 for Site Plan Review) Neal said official notice of this public hearing was published in the January 31, 2008, Eden Prairie News and sent to 81 property owners. A Verizon Wireless tower is proposed to be constructed within Riley Lake Park to provide cellular coverage for the surrounding area. The purpose of the site plan review is for a 240 sq. ft. ancillary structure to house the cellular equipment associated with the tower. The 65-foot tower is exempt from site plan review since it is less than 80 feet tall and conforms to setback requirements in the rural district. The proposed building conforms to exterior materials and setbacks requirements. The building will be constructed into a hillside and will not be visible from any adjacent land use. No significant trees will be affected by the project. A standard FAA review is underway to determine if the tower is considered an obstruction. No building permit will be issued until the FAA determination is completed. CITY COUNCIL MINUTES February 12, 2008 Page 4 Neal said the Parks, Recreation & Natural Resources Commission and Heritage Preservation Commission have reviewed and approved the proposal. The 120-Day Review Period expires on May 2, 2008. Peter Campbell, representing Verizon Wireless, was available for questions. Nelson asked if the tower is necessary to get adequate service in that area. Campbell said Verizon Wireless was contacted by a resident in the area to improve coverage and they then talked to the City to find an appropriate location. Nelson asked if this is true for any area in the City for people who are having problems. Campbell replied that is typically the way it happens. Young noted he would abstain from the discussion and the vote. Butcher asked what the breadth of coverage will be if the tower is built. Campbell replied it will cover all of Bearpath and surrounding areas around Riley Lake Park. It will fill in some current areas of coverage. Butcher then asked what the height of the tower will be. Campbell said it will be 65 feet. The zoning district allows 80 feet,but they decided to lower it to what they needed. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing; to adopt Resolution No. 2008-28 for Site Plan Review on 29.84 acres; and to direct Staff to prepare a Lease Agreement between the City and Verizon Wireless to be executed by the parties incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0-1, with Young abstaining. B. TOP DOG COUNTRY CLUB & VET CLINIC Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review on 3.03 acres and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.03 acres and Site Plan Review on 3.03 acres. Location: 8040 Glen Lane. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment) Neal said official notice of this public hearing was published in the January 31, 2008, Eden Prairie News and sent to 20 property owners. The applicant has requested a continuance to the April 15, 2008 City Council meeting. The 120- Day Review Period expires on April 21, 2008. MOTION: Duckstad moved, seconded by Butcher, to continue the Public Hearing to April 15, 2008. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Aho, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting "aye." CITY COUNCIL MINUTES February 12, 2008 Page 5 XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 9.01 RELATING TO STORAGE, DEPOSIT AND COLLECTION OF REFUSE, YARD WASTE AND SOLID WASTE Neal said City Code Section 9.01 was revised to expand the requirements of this section to cover storage, deposit and collection of recyclable waste. A provision requiring multiple family dwellings to provide recycling service and language to prohibit scavenging of recyclable and solid waste were also added. A number of editorial changes were completed and some of the definitions were updated to reflect current usage. This revision adds language to Section 9.01 to clarify and expand storage, deposit and collection of recyclable wastes. He reviewed the major revisions and noted a mailing to apartments, townhome associations and other potentially affected parties was mailed between December 27, 2007 and January 4, 2008. In addition, an article on the pending revisions was published in the Eden Prairie News on January 17, 2008. No comments or concerns have been received regarding the proposed revision. Dietz said there is a lot to the revision which is a clarification made to conform to the definitions and standards of Hennepin County,but it is mostly about multi- family dwellings. Nelson asked if, from this point on, every multi-family housing project will have to have recycling available. Dietz said that will be true as soon as enforcement begins after the ordinance is in place. MOTION: Butcher moved, seconded by Duckstad, to approve First Reading of an Ordinance Amending City Code Section 9.01 Relating to Storage, Deposit and Collection of Refuse, Yard Waste and Solid Waste. Motion carried 5-0. B. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 4, SECTION 4.50, RELATING TO SALE OF LIQUOR AT SPORTS OR CONVENTION FACILITIES OWNED BY THE CITY Neal said City Code Section 4.50 allows the sale of liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports or convention facility owned by the City. Section 4.05 prohibits, except as otherwise provided in Chapter 4, the granting of any license for the sale of alcohol within 300 feet of a public elementary or secondary school structure or within 100 feet of a church structure. The Parks Department plans to allow catered events in the Community Center, such as banquets, weddings, and other social affairs, at which liquor may be served. The Community Center is within 300 feet of the Eden Prairie High School. The ordinance amendment proposes to amend Section 4.50 to clarify that the permission granted in Section 4.50 qualifies for the exception to the prohibition in Section 4.05. CITY COUNCIL MINUTES February 12, 2008 Page 6 Neal said this grants us the ability to allow people using the rooms at the Community Center to serve alcohol when appropriate. MOTION: Duckstad moved, seconded by Aho, to approve First Reading of Ordinance amending City Code Section 4.50. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS XV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Policy to Hold a Public Hearing Prior to Council Action on New Fees and User Charges Neal said Council Member Nelson and he had a discussion a few weeks ago about an idea she had concerning how we approve fees and user charges when we increase them. There are some fees and charges we are required to approve by ordinance and have a public hearing. Other fees and charges are completely under our own control and discretion. We have not had a public hearing when those fees are changed, and one of those is the Community Center fees. Those were approved as part of the Consent Calendar agenda, and there was some reaction to that after it was completed. Nelson said she didn't think it would take that much time to put the item on the regular agenda and have a public hearing. She thought we should take time to listen to the public and not shut the public out of this type of discussion. Aho agreed with the concept to open it to the public when we do have something that warrants discussion before the public;however,he was not in favor of making a resolution stating we have to do that. He would prefer to do it at our discretion like it currently is,but would also like to make a practice of doing that. Neal thought one way to accomplish this would be to adopt a policy that we won't increase these fees as a Consent Calendar item. He said the motion is to have the Council direct staff to come back with a couple of solutions to the problem for the future. Young thought the public has the right to come before us if we are going to look at an increase in the fees. He didn't want to establish it as a formal, written policy because he was not sure that was necessary. He thought using the minutes of the meeting would be sufficient if there is consensus among the Council Members. We deal with a lot of things as a matter of direction CITY COUNCIL MINUTES February 12, 2008 Page 7 and practice, so we could direct staff that when we increase fees it will be subject to an open hearing. Duckstad thought the idea raised by Council Member Nelson is good in principle,but he didn't want to be tied to a rigid requirement. Butcher said people need to be aware there is a place for them to come and speak and if it is part of a public hearing, it has to be publicized that people can come and give input. She was comfortable with not setting up specific policy, but she wanted to make sure people get the information and have the ability to come here if they wish. Neal said we are talking about the comprehensive fee resolution we do each year at budget time. We would place an ad in the newspaper of record that we are having a public hearing about it. Butcher asked if we would put something on the website. Neal said it would be the same protocol as other public hearings, so we would put something on the website. Nelson said she just wanted a continuing process, whether we are talking about a resolution or through the minutes. She didn't want it to be something that is forgotten about. 2. Market Value Homestead Credit Young asked City Manager Neal about receiving the Market Value Homestead Credit. Neal said for the first time since 2002 the City received reimbursement from the State for the Market Value Homestead Credit. It was just over$481,000 for 2007. Young asked where the funds were deposited. Neal said we are holding those in the CIP Capital Fund, and it will be treated as one-time revenue. 3. Appointment of Candy Garcia Young said last week Governor Pawlenty announced the appointment of Candy Garcia to the Hennepin County bench. B. REPORT OF CITY MANAGER 1. 2008 Meeting Schedule for Budget Advisory Commission Neal noted the Council discussed this at the January 19 planning session. He said Ms Kotchevar has queried members of the Budget Advisory Commission (BAC) to identify a date that works for them to meet. They have identified the second Thursday of March for their first meeting, and thereafter plan to meet on the fourth Tuesdays. He said we need to give them direction on what the Council wants them to study this year. As CITY COUNCIL MINUTES February 12, 2008 Page 8 discussed at the planning session, the Council suggested they study the Capital Improvement Plan. Neal said Ms Kotchevar and he have discussed and refined that into a proposed policy direction. MOTION: Butcher moved, seconded by Aho, to approve the proposed 2008 BAC meeting schedule and the proposed policy direction. Motion carried 5-0. 2. Status of Heritage Preservation and Immigrant Services Activities Neal said during the Council's discussions on the City's budget for 2008- 2009, the Council gave specific instructions to staff to decrease the program effort and size in two specific areas: immigrant services and heritage preservation services. He has conferred with City staff who manage the two program areas to develop a plan to implement the Council's policy direction. Neal said there are three main duties in the Immigrant Services area: to help residents understand how to interact with the City; to help the City understand how to interact with the immigrant residents; and to work with the same group to help them get resources when they need them, either through private or public resources. He said the position now has 20 hours devoted to those three duties, not 40 hours as before. The employee no longer assists immigrants with the completion of INS forms. He noted immigrant residents may no longer receive the services provided in the same sort of timeliness because of the cutback. The employee now also serves half time in the Customer Service area. Regarding the Heritage Preservation area, Neal said there was an existing Work Plan for that division that included 14 different items. Of those 14 items there are a couple that we are not doing as part of the reduction in scope of services in this area. One of those relates to postponing the opening of the Dorenkemper House in the Riley Lake Park area and the other is eliminating the preparations for the Heritage Preservation Site designation on the Glen Lake Children's Camp and the Staring Lake Outdoor Center for this year. In addition program support for a couple of different Park and Recreation programs has been eliminated and some items have been delayed. He said Mr. Gertz's duties have been expanded to include more planning activities. He receives variances and reviews site plans, which has allowed the City Planner and the Senior Planner to add more time to the Comprehensive Plan and has allowed us to reduce the use of a consultant for that plan. Young said when we had the final budget discussion we talked during the meeting itself about finding a transition of Mr. Gertz's time to new responsibilities. The following day he and Mr. Neal discussed finding a similar transition of duties for Khadra Duale. He thought it was good employment practice to take opportunities to provide gainful employment for valuable employees. Neal said staff appreciated the support. CITY COUNCIL MINUTES February 12, 2008 Page 9 3. MnDOT Right of Way Re-conveyance Process Neal said City staff has identified an eight-acre parcel of excess MnDOT right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. The land was used as a staging area for the TH 312 construction project and is no longer needed for that process. MnDOT gives cities first priority to acquire their excess right-of- way. The City must purchase the land at fair market value. The process can take two or more years to complete. The cost of expressing our official interest is a$1,000 deposit for an appraisal of the parcel, which would be forfeited by the City if it decides not to follow through on the purchase following the determination of the fair market value of the land. Neal said City staff believes this parcel could be a desirable site for a future affordable housing development. The area around this parcel is guided for low density residential development, and, with a maximum density of 2.5 units per acre, would have a developable potential of 20 new residential lots. While staff does not yet have a plan for the acquisition and development of the site, we recommend the City Council authorize staff to officially express the City's interest in acquiring this site, if for no other reason than to get our"foot in the door" for the future. Duckstad asked if the request is to ask permission of the Council to send a letter to MnDOT indicating we have an interest in the property. Neal said that would be the expression we need to make at this point. Before they could actually dispose of the property by selling it to us, we would have to declare a specific land use for the property. Duckstad asked if we have any idea what the City would want the property for or do we just want the additional time to consider the possibilities. Neal replied the idea that comes to mind quickest has been some sort of affordable, owner-occupied residential use. Young asked if we have any idea how much it would cost to acquire the land. Jeremiah said the first step would be an appraisal of the property and we would not be obligated to buy it. Young said he was not troubled by the $1,000 as a deposit,but was less thrilled with our buying land with the hope that the private sector may want to buy it from us at some time in the future. He did not think we should tie up land for property speculation. Duckstad said if we have a public purpose in mind, that is one thing,but he didn't think we should be involved in a free enterprise activity of buying and selling land. Butcher said she would hate to close the door on this because it might be used to meet some of our goals in the future. She was not sure what it would be used for,but she thought we should at least explore it for the $1,000. CITY COUNCIL MINUTES February 12, 2008 Page 10 Neal said we have had just enough conversations at staff level to know we haven't had our eye on it for any public facility. The one possibility that came to mind was affordable housing in this area that the private sector may not provide. Young said if we are talking about spending $1,000 to get more information that was okay,but if it is a request that is not tied to a specific use at a specific time,he would not support it because that would just be land speculation. Nelson agreed we should take a look at this in the long term to see if this will help achieve some of the goals we need to reach. She thought we should do some long-range planning and find out how much it costs before we decide. Aho asked what makes this property different from any other property that might come up for purchase. Just because MnDOT owns the property is that a better reason than if some private property owner owns a segment of property. He was a little confused as to why we are looking at it. Dietz said MnDOT is a willing seller and this is an opportunity we couldn't realize in other areas of the City because there are not many eight acre sites left. Young said he hoped there is something concrete in mind when this matter comes back to the Council. MOTION: Butcher moved, seconded by Nelson, to direct staff to submit a letter to MnDOT expressing the City's interest in the conveyance of the T.H. 312 excess right-of-way located at the southwest corner of the intersection of Eden Prairie Road and Scenic Heights Road. Motion carried 4-1-0, with Duckstad opposed. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. 2008 Guide Plan Update Jeremiah said this item was on the Workshop agenda earlier this evening. She reviewed the updated Guide Plan. She said there will be six months for other communities and agencies to review the plan after which staff will bring back the plan for formal review and adoption. Nelson asked if there is a comment period for the general public to comment and also a period of time for City Council input. Jeremiah said the general public can utilize the six-month review time as well. There have been two open houses for the public already,but we can use the six-month review time as well. The plan draft is on the website, and we welcome any comments from the public. CITY COUNCIL MINUTES February 12, 2008 Page 11 MOTION: Aho moved, seconded by Duckstad, to direct Staff to distribute draft copies of the 2008 Guide Plan Update Plan to affected jurisdictions for the required 6 month review. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Amend Guidelines for Community Use of Parks and Recreation Rental Facilities Lotthammer said this item also relates to the ability to serve alcoholic beverages at the Community Center and is actually a change to the policy. There was a guideline for community use of the Parks and Recreation facilities that indicates it is not permitted. This would change the language so it still would not be permitted at locations adjacent to schools with the exception of certain designated places in the Community Center when administered by a licensed caterer. Nelson asked if having to use a caterer applies only if you are serving liquor or is it for all food occasions. Lotthammer said we are looking at an RFP process to select several caterers to work with. He said the situation is somewhat unique in that there is no support for caterers designed into the facility. He thought having a choice of several caterers would provide a variety of services for use of the facility. This would allow us to get a deposit from the caterers and set up a good working relationship with them. Nelson asked if using a caterer means no individual can bring in their own food when they rent a room for a birthday party or other private event. Lotthammer said that was correct. Nelson said she could see having a list of caterers,but she was not so sure someone should not be able to bring treats for a meeting of some kind. Lotthammer said that was the way we anticipated it;however, we can look at a threshold for that sort of event. Butcher thought it is not just a matter of bringing in the food,but also the cleanup and other considerations that would be connected with the fee for the caterers. Young thought a lot of people would have the desire to rent a room at the Community Center,but hiring a caterer would not be part of their plan. Lotthammer said they will have a package for birthday parties, and customers would have the ability to contract with us through the concession process. He said we can look at how we make that determination. It is important to determine how that complies with health standards which would mean food must be pre-packaged. There is a threshold we can set where you could bring in prepackaged goods. He thought it would be important to make that clear to the caterers so they know people can't get around the rules. CITY COUNCIL MINUTES February 12, 2008 Page 12 Neal asked Mr. Lotthammer what the timeline for this item is and if we have time to look at the issue more fully. Lotthammer said the question tonight is to change the policy to allow alcohol to be served. The other question is at what level we would allow people to bring in their own food and beverages into the facility. This item relates to whether to include the alcohol piece in the RFP. Butcher said parents and kids are really used to bringing prepackaged food to serve as it is the School District's policy, so we might want to take a look at their policy. Nelson said she still has a problem with situations such as a family of 20 people for a party who would not be allowed to bring their own food. She hated to cut out the whole idea that an invitation-only family event where non-prepackaged food would be provided could not be held at the Community Center if they cleaned up and brought their own dishes. She thought some people who would be forced to use a caterer might not be able to have the event. She wanted to see more information on how we could make it so a family from the community could use the facility without having to use the caterers. Lotthammer said we can address that and look into the health code provisions. Young said we clearly won't be able to accommodate every use of the rooms. He thought we need a clear standard that talks about prepackaged food and is well publicized. Neal said the actual motion requested tonight is to amend the policy in order to permit alcoholic beverages at the Community Center. He asked if the item tonight includes the issue regarding requiring the use of the caterers. Lotthammer said the hope was just to deal with the serving of alcoholic beverages tonight but the feedback was good. He added some of the information to show this is a broader issue than just serving alcohol. We could put together a suggested guideline or policy to give guidance on the serving of prepackaged food. Neal asked if it is possible to adopt the motion tonight yet still allow time for staff to address some of these concerns and bring something back that addresses those concerns at a future meeting. Mr. Lotthammer said it was. Neal said this was reviewed by the Parks Commission, and they suggested we contact the School District just to let them know. He said he discussed it with the School Superintendent, and they did not have concerns about it as long as it is tightly regulated. MOTION: Butcher moved, seconded by Aho, to amend the policy entitled Guidelines for Community Use of Parks and Recreation Rental Facilities, Section XIV. Alcoholic Beverages, in order to permit alcoholic beverages at the Eden Prairie Community Center. Motion carried 5-0. CITY COUNCIL MINUTES February 12, 2008 Page 13 2. Accept and Recosnize Gifts and Donations For 2007 (Resolution No. 2008-29) Lotthammer said this item is to accept and recognize the gifts and donations to the City in 2007 which totaled over$936,000. Without these gifts and donations it would not be possible to enhance facilities or provide some of the programs for residents. Aho thanked everyone that was part of the list for their generosity and noted it is a real testament to the value of our community and the wonderful people and businesses we have here. Nelson said we have had many park benches donated and she was very appreciative of that. She asked what the process is for businesses that want to do more of that. Lotthammer said they can call the Parks and Recreation Department where they will be put in contact with Stu Fox who arranges for the bench and the plate on the bench. Most people have a spot in mind for the bench, and we work with them to site that bench into an appropriate place. We also have a promotional brochure explaining the process. He noted there has been quite a lot of interest in this during the past six months. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2008-29 accepting and recognizing the generous contributions and donations totaling over$936,091 from businesses and individuals to the City of Eden Prairie during 2007 as listed in exhibit 1 of the resolution. 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:20 PM.