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City Council - 07/15/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JULY 15, 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 7:02 PM. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 370, chartered by Pax Christi Catholic Church, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said there are two items on goldenrod paper. Item VIII.Q. ADOPT RESOLUTION PROHIBITING PARKING ON RIVERVIEW ROAD FROM HOMEWARD HILLS ROAD TO PARKER DRIVE should be added to the Consent Calendar. He noted it is a fairly straight forward item and is required by MnDOT for the reconstruction of Riverview Road. Item XIV.D.3. Veterans Memorial Phase II Improvement Bids is consistent with the information on the Annotated Agenda but is different from the information included in the Council packet. Young said he had three items to add under Item XIV.A. MOTION: Aho moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 17, 2008 MOTION: Duckstad moved, seconded by Butcher, to approve the minutes of the Council Workshop held Tuesday, June 17, 2008, as published. Motion carried 4- 0-1, with Council Member Nelson abstaining. CITY COUNCIL MINUTES July 15, 2008 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 17, 2008 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, June 17, 2008, as published. Motion carried 4-0-1, with Council Member Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PARKS, RECREATION & NATURAL RESOURCES COMMISSION John Brill, Vice Chair of the Parks, Recreation & Natural Resources Commission, presented an update on the Commission's work. He said Chair Napuck was unable to attend the meeting tonight and sends her apologies for not being here. He said the Geocaching Task Force researched what other communities are doing with this activity and developed a policy that was approved by the Commission. Other projects reviewed were the decision to move the Lions Club Memorial to Round Lake Park, Community Center policies and relevant City ordinances, RFP's completed by caterers for the Community Center, the Art Center, the Master Plan for Camp Edenwood, the Cost Recovery Recreation program, and the Red Rock Lake play structure. Brill said the construction of the Community Center went into full force, and the grand opening occurred in May. The Commission reviewed pricing and membership policies at the Community Center. At their meeting last week the Commission took a tour of the City parks and had the dedication of the Bob Lambert pavilion. They are in the process of reviewing Miller Park and are discussing making it a barrier-free facility. Young thanked Vice Chair Brill for his report and for the service of the Commission members. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. WALGREENS. Second Reading of Ordinance 17-2008-PUD-8-2008 for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.21 acres and Site Plan Review on 1.21 acres. Location: 8240 Flying Cloud Drive. (Ordinance 17- 2008-PUD-8-2008 for PUD District Review with waivers and Zoning District Amendment; Resolution 2008-65 for Site Plan Review) C. THE ENCLAVE AT OLD SHADY OAK. Second Reading of Ordinance 18- 2008-PUD-9-2008 for Planned Unit Development District Review and Zoning District Change from Rural and R1-13.5 to R1-9.5 on 28.6 acres. Location: West of Shady Oak Road and South of Highway 62. (Ordinance 18-2008-PUD-9-2008 for PUD District Review and Zoning District Change) CITY COUNCIL MINUTES July 15, 2008 Page 3 D. AWARD CONTRACT FOR OUTDOOR CENTER OBSERVATORY DESIGN AND CONSTRUCTION ADMINISTRATION TO BEUTOW AND ASSOCIATES INC. E. ADOPT RESOLUTION 2008-66 DECLARING THE CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS (FLYING CLOUD DRIVE) F. ADOPT UPDATED PURCHASING PROCEDURES TO BE EFFECTIVE AUGUST 1, 2008 G. AWARD CONTRACT FOR 2008 BUILDING ENVELOPE MAINTENANCE TO RESTORATION SYSTEM INC. H. ADOPT RESOLUTION 2008-67 DECLARING PROPERTY AS ABANDONED PROPERTY I. APPROVE USE OF UP TO $40,000 IN CDBG FUNDS TO REHABILITATE THE EDENDALE RESIDENCE J. APPROVE JOINT POWERS AGREEMENT TO PROVIDE AID TO THE ST. PAUL POLICE DEPARTMENT FOR THE 2008 REPUBLICAN CONVENTION K. AUTHORIZE GRANTING OF RIGHT OF ACCESS TO HENNEPIN COUNTY TO UTILIZE APPROXIMATELY 3.68 ACRES OF STARING LAKE PARK LAND FOR EXPANSION OF PIONEER TRAIL L. ADOPT RESOLUTION 2008-68 APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RIVERVIEW ROAD STREET & UTILITY IMPROVEMENTS, I.C. 52-157 M. ADOPT RESOLUTION 2008-69 RECIEVING FEASIBILITY STUDY AND SETTING PUBLIC HEARING FOR RIVERVIEW ROAD STREET & UTILITY IMPROVMENTS, I.C. 52-157 N. AWARD CONTRACT FOR REPLACEMENT OF WATER MAIN ALONG WEST 78TH STREET TO ELLINGSON DRAINAGE, INC. O. AWARD BID FOR STARING LAKE PARK AMPHITHEATER RECONSTRUCTION TO SUNRAM CONSTRUCTION P. ADOPT RESOLUTION 2008-70 APPROVING MNDOT AMENDMENT NO. 1 TO AGREEMENT NO. 86458 Q. ADOPT RESOLUTION 2008-77 PROHIBITING PARKING ON RIVERVIEW ROAD FROM HOMEWARD HILLS ROAD TO PARKER DRIVE CITY COUNCIL MINUTES July 15, 2008 Page 4 MOTION: Duckstad moved, seconded by Nelson, to approve Items A-Q on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. AMENDMENT TO TAX INCREMENT FINANCING (TIF) DISTRICT#15 SUMMIT PLACE SENIOR HOUSING (Resolution 2008-71) There were no comments from the audience. MOTION: Duckstad moved, seconded by Butcher, to close the City Council Public Hearing and to adopt Resolution 2008-71 approving the amendment to the Tax Increment Financing Plan for TIF District No. 15. Motion carried 5-0. B. NEW PERSPECTIVE SENIOR LIVING. Request for: Guide Plan Change from Commercial Regional Service to High Density Residential on 2.98 acres, Planned Unit Development Concept Review on 11.81 acres. Location: 7300 Flying Cloud Drive. (Resolution for Guide Plan Change; Resolution for PUD Concept Review) Neal said official notice of this public hearing was published in the July 3, 2008, Eden Prairie News and sent to 7 property owners. He said the applicant, New Perspective Senior Living, is withdrawing the project from further review with the City Council. Jeremiah said this item does require action, per the Annotated Agenda. Young asked if we must open the public hearing and then close it. Jeremiah said that was correct. Nancy Arieta, 10785 Valley View Road, said she appreciated the efforts by the Council and the City to provide more senior care. She asked why the project is being held back. Jeremiah replied she understood they were not successful in obtaining the property. MOTION: Nelson moved, seconded by Butcher to close the Public Hearing and to return the development plans to the proponent without prejudice. Motion carried 5-0. C. ADC RE-PLAT Request for: Preliminary Plat into two lots on 89.72 acres. Location: South East quadrant of Technology Drive & Mitchell Road. (Resolution 2008-72 for Preliminary Plat) Neal said official notice of this public hearing was published in the July 3, 2008, Eden Prairie News and sent to 291 property owners. The plat is a subdivision of 91.03 acres into two lots. Both lots exceed the 2 acre minimum requirement of the I-2 Zoning District. In 1999 the City approved the ADC Planned Unit Development for 1,180,000 square feet of development. Waivers were granted for building setback to Technology Drive, increase in allowable office use, building height, and CITY COUNCIL MINUTES July 15, 2008 Page 5 parking space dimensions in the parking deck. The 120-Day review period expires on August 22, 2008. The Planning Commission voted 7-0 to recommend approval of the project at the June 9, 2008 meeting. Jeremiah said the Planning Commission added a condition to the subdivision to require a cross-access and maintenance agreement as is mentioned in the proposed motion. She said staff and the Planning Commission believe that is an important point to include. Ed Jorgenson said he is Vice President of Corporate Services at ADC and is responsible for corporate real estate. He said they are requesting to subdivide the property. He noted a couple of other open items are being worked on pertaining to easements on the property. He said those will be resolved prior to it coming for final Council approval. There were no comments from the audience. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing, to adopt Resolution 2008-72 for Preliminary Plat on 91.03 acres into 2 lots, and to direct staff to prepare a Development Agreement incorporating staff and Commission recommendations and Council conditions. Motion carried 5-0. D. CH ROBINSON DATA CENTER/OFFICE Request for: Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres, Planned Unit Development Concept Amendment on 9.84 acres, Planned Unit Development District Review and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres, Site Plan Review on 9.84 acres, and Preliminary Plat of 9.84 acres into one. Location: 14701 Charleson Road. (Resolution 2008-73 for Guide Plan Change; Resolution 2008-74 for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change; Resolution 2008-75 for Preliminary Plat) Neal said official notice of this public hearing was published in the July 3, 2008, Eden Prairie News and sent to 35 property owners. This is for a 40,000 square foot office building and an 18,145 square foot data center. The 120-Day review period expires on September 28, 2008. The Planning Commission voted 7-0 to recommend approval of the project at the June 23, 2008 meeting. Jeremiah said there have been discussions about this property in the past. We tried to get neighborhood commercial on the property but after we did a market study we found there was little viability for neighborhood commercial on this site. Staff and the Planning Commission are comfortable with the change. Neal noted this is a particularly important project to one of our local corporate citizens. Young said he agreed with that. There were no comments from the audience. CITY COUNCIL MINUTES July 15, 2008 Page 6 MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing, to adopt Resolution 2008-73 for Guide Plan Change from Neighborhood Commercial to Office on 2.59 acres, to adopt Resolution 2008-74 for Planned Unit Development Concept Review on 9.84 acres, to approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Neighborhood Commercial to Office on 2.59 acres, to adopt Resolution 2008-75 for Preliminary Plat on 9.84 acres into 1 lot, to direct Staff to prepare a Development Agreement incorporating staff and Commission recommendations and Council conditions, and to direct staff to issue grading, footing, and foundation permits to CH Robinson to proceed with construction at their own risk. Motion carried 5-0. E. TOP DOG COUNTRY CLUB & VET CLINIC Request for: Planned Unit Development Concept Review on 3.03 acres, Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 3.03 acres, and Site Plan on 3.03 acres. Location: 8040 Glen Lane. (Resolution 2008-76 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 July 3, 2008, Eden Prairie News and sent to 20 property owners. The proposed use is called Top Dog Country Club and Vet Clinic. The indoor facility includes a vet clinic, play area, grooming area and suites (kennels.) Services range from morning drop off and evening pick up similar to a child care facility to overnight boarding. The site plan shows a 21,508 square foot addition to the existing 18,742 square foot building. The addition will occupy the outdoor storage area of the former Franks Nursery. "Top Dog" is located on the eastern edge of the Town Center of Sub Area 2. The MCA Study identifies the "Top Dog" site for entertainment,restaurant, and services with a 0.16 site coverage. There are two reasons for the lower site coverage: (1) to provide adequate parking since restaurants/entertainment uses typically have higher parking demand; and (2) balance development against transportation capacity. The Top Dog Country Club and Vet Clinic project was reviewed at the January 14, 2008 Planning Commission Meeting. The Planning Commission voted 5-0, with 1 abstention to approve the project as submitted. The applicant, Grootwassink/Fendler Patterson Construction, Inc. withdrew the project from further review with the City Council on April 8, 2008. The Excelsior Group is the new applicant with Fendler Patterson as the contractor. The 120-Day review period expires on October 1, 2008. Neal said staff developed the following four approaches to review the project: 1. The plan as proposed. 2. A revised plan consistent with current zoning. 3. A revised plan with waivers and consistent with the Town Center Plan. 4. Focus on the future development of the Town Center. Neal said staff recommended development approach 2, 3, or 4. The Planning CITY COUNCIL MINUTES July 15, 2008 Page 7 Commission voted 7-0 to recommend approval of the project(alternative approach #1--the plan as proposed) at the June 23, 2008 meeting. Jeremiah said it is rare there is a difference of opinion between staff and the Planning Commission. She said the Planning Commission felt the type of improvements proposed to the building would not add so much value as to prohibit redevelopment during the 25-year time frame of the Major Center Area (MCA) study. Staff has concerns that more than doubling the area of the building would be a large amount of investment for the developer. They proposed some alternatives that would require less investment in the property as an interim use but still allow this particular use or that would try to bring the property into greater conformance within the Town Center plan by providing some of the amenities we are requiring in other parts of the MCA. The Planning Commission had some discussion but ultimately they disagreed with staff and voted in favor of accepting the plan as proposed. There were no comments from the audience. MOTION: Aho moved, seconded by Duckstad, to close the Public Hearing, to adopt Resolution 2008-76 for Planned Unit Development Concept Review on 3.03 acres, to approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Commercial Regional Service Zoning District on 3.03 acres, and to direct staff to prepare a Development Agreement incorporating staff and Commission recommendations and Council conditions. Nelson said she was concerned about going outside of the Town Center plan with something going in that area. Without at least the amenities we are expecting from the Town Center plans she was hesitant to go through with this. She would like to see more work on the plan and have proponent come back with something more like what we are expecting in the Town Center plan. Aho asked if the plan were made more consistent with current zoning or made more consistent with the Town Center plan, what kind of effect that would have on the project in terms of the cost and the look and feel. Jeremiah said in order to make the project consistent with the current zoning we could have an 8420 square foot addition to the existing building,but it wouldn't more than double the size of the existing building as shown. In terms of cost she assumed it would be less costly, but she was not sure whether the proponent would want to move forward with that addition. For a plan consistent with the Town Center plan we would be looking at a reduction in the building footprint and allowing room for amenities such as those required at Windsor Plaza and Presbyterian Homes. There would have to be a higher level of aesthetics so it would fit in more with development around it. That wouldn't necessarily prevent this as an interim use. A smaller building footprint would allow more parking if necessary and provide more flexibility for the future. Aho was concerned that, in fairness to all people, we apply rules consistently to CITY COUNCIL MINUTES July 15, 2008 Page 8 those that are developing in the city and not allow some to follow the guidelines and some to not. Young said he was not sure that is in play here. He supports the Planning Commission action. In this period of transition between current development and the 25-year vision, things don't happen overnight. This isn't a project of the scope of Windsor Plaza or Presbyterian Homes. He believes this is a challenging site, and it has been vacant for awhile. He thought it is an interim fix during the 25-year view of Town Center and is an improvement over what is there now. While he understands the concerns expressed,he thought under these circumstances it makes sense to accept the recommendation of the Planning Commission. Butcher said she thought we could do better with this plan, and she worries about accepting a standard below what we have agreed to. She was wondering if there is a compromise from the plan that is currently in front of us. Duckstad said he was inclined to give full weight to the Planning Commission decision. He didn't see anyone opposed on the Commission vote. He didn't think it is right for us to second guess projects like this and to micromanage a development that has been studied by our Planning Commission. He was inclined to support it 100%. Nelson said she believes that once you start into a plan like this and then change it for this project or another one we won't have the Town Center plan 25 years out. She thought a compromise might be to put it at the size where the amenities could be put in later. That would allow them to transition into this as the property around them develops but would leave room for the amenities. She assumed they could put something together that would allow room for the amenities, and she would like to have the opportunity to hear what that is. She would like to move forward within the Town Center plan. Young asked if we held the proponent to the Town Center plan, do we have any idea of what happens to the other plans. He asked if we have any reason to believe this site by itself could be redeveloped in an economically feasible fashion and consistent with the Town Center plan. Jeremiah said there was no reason that this particular space would redevelop separately. We would probably see it redevelop as a whole. She believes the most reasonable compromise is Alternative 2 to allow it to develop according to the current zoning. We haven't yet adopted the Town Center zoning to this parcel. Alternative 2 would allow some addition to the property but would still allow the potential for redevelopment by not putting such a high dollar into the current zoning. Young said he assumes when a proponent comes with a plan there is an economic model attached to it. He didn't think we can know if it is going to work if it is smaller unless proponent tells us it will work. Jeremiah said it would be a reasonable size to the building and would still provide use. Young asked if it works CITY COUNCIL MINUTES July 15, 2008 Page 9 for the proponent for this use or other uses if we condition the approval to be consistent with current zoning. Mike Mandy, 3605 North Shore Drive and partner of the Excelsior Group, said they are the sponsors of the proposal. They have two prospective clients for the facility—Top Dog and Flying Cloud Animal Hospital. He said they would not be interested in a smaller project,but both tenants are viable prospects. He noted the Excelsior Group has developed other projects in Eden Prairie such as M&I Bank and Prairie Village Mall. He supported the idea that long range planning is wonderful,but this is an interim project consistent with the market. Butcher thought we have to consider precedent and what this means to any future decisions we will have to make in that area. She asked if we are going to take them piecemeal and make decisions one by one rather than using the long range plan. She understood the dilemma,but she is concerned about what it means to make this decision outside the Major Center Area. We do have a number of years until we get to the look and feel of the Major Center Area that we have all agreed on. She thought we need to think strategically about how we get there, and we need more dialogue about how we are going to get there. Young said every plan needs to be evaluated on the merits it brings to the table. When we look at this parcel on that block he didn't see any imminent change on that block, and this is a property that has been vacant for some time now. He thought every project needs to be considered at the time it comes before the Council, and he thought it makes sense to follow the recommendation of the Planning Commission. Aho said he raised his concerns earlier but, looking at the whole area, he would prefer to see someone in there with a nice facility rather than leaving it vacant for a number of years. He said it is part of a larger building complex that probably won't change any time in the near future, so he will support it. Nelson asked if the only reason we couldn't put in one business for another is because it was used as outdoor storage. Jeremiah said we could reuse the existing building and the outdoor storage area could remain outdoor storage or be used as parking. It does provide flexibility for that use,but if it is covered there is a lack of flexibility for this building because of the lack of parking. Nelson asked if there has been any indication there will not be enough parking for this whole strip mall area if this goes into it. Jeremiah said it would need to be limited to this use or a very similar use because of the limited parking. She said we would be approving this at standards far below our retail and services parking standards. It will narrow the opportunities for different uses in this space. She noted this area currently has parking challenges on evenings and weekends because of the Champps facility. Butcher said she is very conflicted on this. She knows one of these businesses has CITY COUNCIL MINUTES July 15, 2008 Page 10 been around to serve Eden Prairie residents for a very long time. Her concern was about the impact on the site. She wanted to make sure the Council really thinks hard about what we are doing. She understood about having businesses that are viable right now,but this will impact what we are doing in the future. If we do approve this, she thought we need to have a strategic session about what it means as we develop over the next 25 years. Nelson asked if we can put something on the Development Agreement about what type of future development can go into this. She asked how we keep this from getting us into a parking situation that will not fit the building arrangement. Jeremiah said that would be worked out with the Development Agreement and would be a condition of granting the waivers for parking that uses would have to be consistent with the existing zoning and would have to have very low parking needs. It would come back for final approval with the Development Agreement completed. If there is something to consider further, the 120 day review period expires on October 1 so we have some time for that. Duckstad said it doesn't appear there is any serious disagreement between the staff and the Planning Commission with regard to the merits of the project. The differences between staff and Planning Commission appear to be somewhat esoteric or subjective. He would opt to giving weight to the Planning Commission, especially since they approved it on a unanimous basis. Nelson said she does want a further discussion of the Town Center, perhaps with the Planning Commission. She was concerned that the Planning Commission did not seem to discuss implementation of the Town Center plan with this project. She thought we need to get straight with ourselves what our expectations are for implementing the plan. She agreed with Council Member Butcher that there may be a priority to have those discussions and get an understanding across the board. Young said the proposal of further discussion of the Town Center plan is fine, but we are never going to know how or when individual parcels are going to redevelop. The question becomes what we will do about a specific proposal involving one parcel. He viewed this project as an improvement. Butcher thought we need to have a discussion with the Planning Commission because, while it may be true that the Council understands where we are going, she was not sure the Planning Commission understands. She thought the plan might have been better if the Planning Commission understood the perspective. VOTE ON THE MOTION AS AMENDED: Motion carried 4-1-0, with Nelson opposed. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Butcher, 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 July 15, 2008 Page 11 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Irrigation of City-Owned Properties - Aho Aho said he wanted to bring up the topic of irrigation. We have had a lot of discussion about having residents follow guidelines for irrigation in order to maintain properties in a nice manner but also to keep an amount of water on hold for safety issues. He thought it is important for the City to set an example for this. He asked that we have a discussion at the City Council level and that staff consider setting an example for good water usage. Young said he wanted to talk more generally about how topics like this get presented to the Council and how residents present issues to the Council that are important to them. He said he was reminded of this by the communication from Mr. Strate who is well prepared,polite, and doesn't try to divide the Council or staff. He said he doesn't always agree with Mr. Strate,but he knows he is sincere. He thought that is the best way for residents to bring items of concern to the City Council, and he doesn't believe attacks are an effective way of bringing issues to the Council. Neal said we have been taking a look at this issue and we have turned down the frequency of how much we water. We have always complied with our own watering ordinance. When we have watered and it looks like we are out of compliance, it is because we have outdoor sod. One issue we have noticed is that the zones we have in place in our irrigation system are very large. They are old systems and we are taking a look at them to see what it would cost to replace them. We will also look at the cost of converting some of our turf to another more natural surface. One reason staff wants to get the Council involved in this decision is because this is City Hall, and, if there is an opinion about how you want this building and the grounds to appear, we want to make sure we reflect that. Nelson said she agreed that positive issues are good when people bring things to the Council. She hoped we keep our rain sensors up. She was concerned that we not let things go because it is expensive to put in new plantings. Over time as our system ages she hoped we would look at some alternative sprinkling methods or other types of irrigation. She thought we have to look at the overall finances and the look of the City along with the wise use of water. CITY COUNCIL MINUTES July 15, 2008 Page 12 2. Former Mayor Gary Peterson's Death - Young Young said former Eden Prairie Mayor Gary Peterson passed away on Friday, July 11. Mayor Peterson served as mayor from 1985 — 1990 and was also the Senior Pastor of Immanuel Lutheran Church in Eden Prairie. He said the City sent flowers on behalf of the Council and staff. He expressed his condolences to the family. 3. Smith-Douglas-More House - Youn2 Young said we entered into a one-year lease on the Smith-Douglas-More House property last year. He thought we should talk about what we want to do about that lease at our August meeting. He asked staff to come to that meeting with a report on where things stand and perhaps a recommendation. 4. Request to Flying Cloud Airport Advisory Commission - Young Young said we heard a lot of comments at our meeting in June about night time flights, our agreement, and the restrictions imposed on the MAC by the FAA. He would like to charge the Flying Cloud Airport Advisory Commission, with the input of City Attorney Rosow, to examine whether we can communicate an expression to the FAA on how the City feels about night time flights while remaining consistent with the final agreement. Nelson said there has been a lot of input from citizens who are upset about night time flying. She thought it is an excellent thing for the Airport Commission to look at, and she also thought the Airport Commission would be happy to sink their teeth into it. She would like to hear Mr. Rosow's review of what we can or can't do to lessen the impact of night time flying. Butcher agreed. She said before the City Council became neutral on the issue, we generally opposed the airport and we heard a lot from people for many years about how noise had a negative impact on their lives. Duckstad said he was in favor. Young asked Mr. Rosow if he would work with the Commission on this. Rosow said he would. Young noted any communication with the FAA would have to come from the City Council. B. REPORT OF CITY MANAGER 1. Public Assembly Regulations Neal said he would like to ask for any input the Council Members would have about developing a public assembly ordinance. He included in the packets a sample of an ordinance adopted by the City of Bloomington. He said that ordinance puts restrictions and regulations on large public CITY COUNCIL MINUTES July 15, 2008 Page 13 assemblies. Other cities are preparing similar kinds of ordinances. He thought we may want to consider an ordinance like this because it does create a bit of stress for those who respond to public assemblies if they don't know they will occur. We have contact with a group that does regular protests at the ATK site,but that doesn't mean those are the only people we will ever deal with. It does require a permit for groups over a certain size and there is a small permit fee, but more importantly it requires an exchange of information so we know where they will be and how large the group will be. This is not only for the protection of property owners but also for those involved in the public assemblies. He didn't have an ordinance prepared tonight but could prepare one for the August meeting if the Council was interested. Aho thought it is a good idea. He thought we should be responsible and have something in place to have advance notice so we can provide adequate police protection and public safety. Butcher also thought it is a good idea. Her only concern is how people will know they need a permit. There are many block parties that go on around the City at various times and she wondered how those would be handled. Neal said they will look at that and will ask the City of Bloomington how they handle that. Nelson asked how we would handle large family picnics or graduation parties. She didn't want to exclude anything like that from happening. It would be good to have an ordinance,but we would want to walk a fine line about people going about ordinary social business. Duckstad asked if we have talked to the Police Chief about this because it probably would be a good tool for him to have in case problems arose. Neal said we conferred on this at a recent staff meeting, and he wanted to get feedback from the City Council before we proceed with it. Young thought we are all on the same page that it is a good idea but we have the concerns expressed about unintended consequences. Neal said staff will have discussions with the City Attorney, will check with Bloomington, and will bring something to the August 19 meeting. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Adaptive Reuse Study of John R. Cummins House Jeremiah noted the final report on the adaptive reuse study presented four potential viable economic uses: as a hospice, an office, residential uses and horticultural uses. Regardless of which usage is selected, much of the heritage site including the peony garden could remain open to the public. The report was reviewed at the May 20 joint Council/Heritage Preservation CITY COUNCIL MINUTES July 15, 2008 Page 14 Commission workshop. A lot of discussion focused on the hospice option, and one of the things not discussed much was the sale or lease of the property. The building would have to be expanded for use as a hospice so the property would probably have to be sold. Even if the property is sold the owner would be subject to the heritage preservation requirements. She said given the location of the property adjacent to a public park, the Council may prefer to retain ownership of the property. It also would be possible to sell a portion of the property for residential without making a lot of improvements. In 2007 we had an appraisal of the property and we were given some idea of the value at that time, so that could be a starting point if the City wanted to market it for potential sale. Due to the different options that are given in the report, staff would recommend that we market it for sale or lease and look at all potential options for the property. Staff would bring any proposals to the City Council for consideration. She doubted if anyone would want to get in there before the road improvements are completed so we have time to work through the issues. Young said his concern remains that until such time as we know what is going to happen to Pioneer Trail marketing the property is uncertain. We have concluded the use study but other than that there is no driving force behind the sense for the Council to do anything. He would like to just defer action until such time as we know what will happen to Pioneer Trail. He thought we should just move to accept the study in recognition of the efforts of the Heritage Preservation Commission. Butcher asked about the landscape study the State is doing at the site. Jeremiah said she assumes it has to do with the mitigation of the roadway, but she doesn't have detailed plans at this time. She said the State looked at all the historic sites along the route. Butcher thought we may benefit from the State's study, and she wanted to make sure we are doing what we should be doing while the other factors are happening. She thought it is important for us to accept the report because it is a guideline. Because there is a two- year construction period, we have time to think deeply about what we want to have here. She liked the idea presented by the Eden Prairie Historical Society this evening for the use of the house. Nelson said she didn't object to passing it tonight,but she didn't want to make it so we have to do a certain reuse of the property. A use of the property that we already own may be to open the house to the public as they are talking about. There is parking available adjacent to it, and she liked the idea of the Historical Society opening it up and doing the work. She wanted to make sure that option of opening the house to the public is still open to us as that is not specifically mentioned in this reuse study. She thought this might give us an attraction for the City and put us "on the map." She was pleased that the Historical Society has a benefactor and have money available. Young said he didn't think accepting the study would preclude the CITY COUNCIL MINUTES July 15, 2008 Page 15 Historical Society from coming back to the Council with a proposal. The only thing he would not do is to spend tax dollars to fix up the property. MOTION: Duckstad moved, seconded by Nelson, to accept the "Adaptive Use Study of the John R. Cummins House" and to table the remainder of the motion that would direct staff to begin marketing a portion of the site for sale or lease with the remainder public. Aho said he also agreed and thought it is important to accept the adaptive use study tonight. That doesn't preclude the City from accepting usage ideas that come forward. We just don't have to go out and start marketing it right away. Butcher thought we might want to keep the review open so staff could continue dialogue on the possibilities. Duckstad said the point is well taken, but he thought that can be done without changing the motion. Rosow recommended that only the first part accepting the report be included in the motion. Then whenever the Council wants to discuss the second part of the motion, it can be put on the agenda. AMENDMENT TO THE MOTION: Duckstad moved, seconded by Nelson, to accept the "Adaptive Use Study of the John R. Cummins House." VOTE ON THE MOTION AS AMENDED: Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Cemetery Task Force Report Recommendations Lotthammer said the Council acting as the Cemetery Board accepted the Task Force report in March. That report had several recommendations to update and improve the cemetery. Staff is ready to move forward with those recommendations. He reviewed the improvements planned, including a large fencing project and trimming of trees and overgrown vegetation. There are issues with the front entrance and with the parking. Some plantings need attention and the soil needs improvement. We have a flag and additional trees going in and have the potential for some irrigation. None of these are individual cost items that would require us to come back but staff wanted to inform the Council about the work. MOTION: Nelson moved, seconded by Butcher, to authorize staff to proceed with the proposed improvements as supported by the Cemetery Task Force Report. Motion carried 5-0. 2. Proposed Parks and Recreation Fee Changes and Additions for CITY COUNCIL MINUTES July 15, 2008 Page 16 Inclusion in the 2009 Budget Lotthammer said this is an informational item regarding our fees and charges in the area of Parks and Recreation. Those fees and charges need to be published and promoted well in advance of the timeline for the annual budget approval. Typically the City Council approves the fees towards the end of the year,but we need to promote the fees nearer to September. As part of our initial approval process staff is proposing the fee changes be run through the Parks Commission and a public hearing be scheduled in August in order to give residents an opportunity to be heard in the process. This process would give staff an opportunity to hear from the Council as to whether the fees are acceptable. 3. Bids for Veterans Memorial Phase II Lotthammer said bids for the Phase II construction of the Veterans Memorial came back. This portion of the project is for the general contractor to implement some of the remaining phases and get this to 98% or more by November. He said the anticipated total of what is remaining to be paid on the project is about$370,000. They have raised about$330,000, so at this time there is a$40,000 shortfall. They are continuing to try to raise the additional dollar amount but there is no guarantee they will. The City's portion being authorized tonight is $138,000, with $100,000 coming from State funding and the other$38,000 coming out of the $330,000 raised by the Task Force. Young said he appreciated the information about where the fund raising currently stands and he knew the efforts of the Task Force will continue. There will be a fund-raiser 10K race in September that he plans to participate in. MOTION: Butcher moved, seconded by Duckstad, to award the bid for construction of Phase II of the Veterans Memorial Project to Blackstone Contractors in the amount of$ 138,671.52. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Croixwood Pond Maintenance Dietz said this item is regarding an email received with a request to implement some kind of maintenance to a pond at Croixwood and Cascade Drive. He said we have over 800 wetlands and ponds in the City. Most of them have open water, and our practice over the years has been to deal only with the water issues and not with the aesthetics of the ponds. He recommended we do not change that practice. There are private contractors that can do applications of products to eliminate algae from ponds, and residents can band together to get that done if they choose. Dietz said there is a misconception about this pond that arose in September CITY COUNCIL MINUTES July 15, 2008 Page 17 2005 when we had two six-inch rain storms and two of the homes had flooded basements. After discussions with the neighbors, we replaced the outlet structure in the spring of 2006. At that time we talked about the possibility of lowering the pond a foot. The email communication says we lowered the pond a foot and we should now put it back. We actually ended up only lowering it 2-1/2 inches. The problems about the pond seem to be about changing the storage capacity of the pond,but the real problem is that the last two years have been very dry. He thought the main problem is the infrequent rainfall. He would like to keep the standard that aesthetics are the responsibility of the surrounding properties. Young asked what it would cost the City to do the maintenance. Dietz said Bloomington does some of this,but they ask that at least 50% of the property owners put up a buffer strip and they will then pay 50% of the costs. The regulations on doing algae control applications are becoming more onerous and 100% of the owners would have to agree to it. Young said we obviously can't change a policy only for the benefit of one pond. He asked if we have heard from other neighborhoods on this. Dietz said over the years we have heard about this,but it is cyclical based on rainfall. Those who care the most tend to do something about it themselves. Nelson asked if people have to get permission from the City if they are doing the maintenance themselves. Dietz said the permit is through the DNR. Private companies can be hired to secure the permit and apply the chemicals. Neal thought the key part of this is whether we are going to make a material change going forward in how we manage our storm water pond retention. If we decide to treat them like a public works function, that would be a new financial burden on the City. We would need to figure out some kind of administrative structure and how to fund it. Young said he didn't support a change to the policy. Duckstad said he didn't either. Nelson said she could support the City making information available so a neighborhood could find out what they could do and what they needed to do. Aho thought we should work with residents to make all the information available. Dietz said he will communicate that to the residents who sent the email. 2. Town Center Electrical Transmission Line Dietz said the history on this item is that when the streetscape for the Town Center came through the process there was a minority opinion on the Planning Commission that things could not move forward with the CITY COUNCIL MINUTES July 15, 2008 Page 18 overhead transmission line as it is. Based on those comments he contacted Xcel Energy and they sent him to a website to see a similar project in Boston. After reviewing that project,he submitted a request to study the issue further, and we hired the firm of Black & Veatch to do a study. Their estimate to bury a short stretch of the transmission lines is $21.5 million. As an alternative, it would cost$4.5 million to do a reroute of the aerial lines to get them out of the Town Center area. He suggested the report be received and made available to anyone who wants to read it. MOTION: Duckstad moved, seconded by Butcher, to accept the report as presented. Motion carried 5-0. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5- 0. Mayor Young adjourned the meeting at 9:05 PM.