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City Council - 09/16/2008 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 16, 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 Gene Dietz, 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. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE Mayor Young thanked Boy Scout Troop 497, chartered by the noon Rotary Club, for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Duckstad, to approve the agenda as published. Motion carried 5-0. V. PROCLAMATIONS /PRESENTATIONS A. DONATION FROM EDEN PRAIRIE FOUNDATION FOR COMMUNITY CENTER FLOORING Gary Stevens, representing the Eden Prairie Foundation, presented a $2,500 check to help cover an unforeseen expense at the Community Center. He said the Rotary Club and the City are also giving $2,500 each which is a very good partnership. He noted over the past 27 years the Eden Prairie Foundation has given back to the City of Eden Prairie close to $1,000,000 in the form of grants and scholarships. B. WELCOME NEW ABC STUDENTS Gardner Gay, Executive Director of A Better Chance (ABC) Eden Prairie, said they have 12 young ladies in the ABC program this year. Each of the students introduced themselves. Mayor Young welcomed the students and noted there is a 5K fund-raising run for the ABC program on September 27 at Purgatory Creek Park. CITY COUNCIL MINUTES September 16, 2008 Page 2 C. THREE RIVERS PARK DISTRICT UPDATE Lotthammer said we in Eden Prairie are fortunate to have the Three Rivers Park system here. They are a partner organization we can be proud to be affiliated with. Cris Gears, Superintendent of Three Rivers Park District, presented a slide overview of current Three Rivers Park District activities and the many amenities offered in and around Eden Prairie. He reviewed the regional parks they operate within five different counties in the metropolitan area. He noted they have had free parking in the parks since 2005. Rosemary Franzese, Park District Commissioner, thanked the Mayor and City Council for the opportunity to come out to talk about the park district. She distributed copies of the current Three Rivers Park District map. Mayor Young thanked them for coming to the meeting to share the information. D. EDEN PRAIRIE ART CENTER 1. FUNDRAISING UPDATE Young said there will be a presentation by the Friends of the Eden Prairie Art Center followed by a continuation of the discussion from the previous Council meeting. Stacy Desai, Chair of Friends of the Eden Prairie Art Center, said they first started meeting as a group seven weeks ago with a focus completely on raising funds. They have 12 members on the volunteer committee, all of whom play different roles based on their different talents. She said they are creating an awareness of the Art Center for everybody in the community and want to get people to understand who they are and what they are doing. They have organized three key events in the community: one on September 27 for Pre-Kindergarten to 41h grade, another on October 11 for grades 5-8, and the third on November 15 at the High School for grades 9-12. She said they have received a lot of in-kind donations, including someone who is doing a marketing research study that will determine what type of programs will be needed. She said they need to get business leaders in the community to help advertise the events. Desai said the second part of their activities is fundraising. They received a $25,000 donation and have applied for their first grant. There are two grant applications going out in September, two more in October and more are scheduled for the rest of the year. She noted they have four people writing grants. Their final event will be a Silent Auction held at the Community Center on December 6. She said the key to getting private donors is increasing awareness and networking. She understood Mayor Young volunteered his help in making connections to meet people. CITY COUNCIL MINUTES September 16, 2008 Page 3 Duckstad thanked her and the other volunteers for their efforts. He asked if they tell prospective donors what uses will be made of the property. Desai said they sketch a rough outline of the programs and talk about those activities the building donor enjoyed. Duckstad then asked if they have some sense of who will decide what the actual use will be. Desai said their focus is to raise money to open the Art Center. Neal noted the Arts and Culture Commission and the Parks Commission will be involved in running the operations and the programming. Young asked if their fundraising goal is $500,000. Desai said that was correct. Young then asked if they have a time by which they hope to achieve the goal. Desai replied they hope to have it in January of 2009,but they will accept funds after that time. She said they are competing for dollars with several other fund-raising events in the City. Young asked if the expectation for the Friends of the Art Center is to raise a large chunk of money before the Art Center is opened. Desai said they discussed multiple options with Mr. Lotthammer. They wanted to do most of the fundraising before it opened, but they can't guarantee the dollars being there. They talked about having a fundraising arm associated with the Art Center after it opened so there would always be a fundraising element to the art center. Young asked if funds raised will be tied to a specific improvement at the Art Center or if they will be general funds. Desai said they are doing general fundraising. Duckstad asked if they have a sense of whether the goal of$500,000 is attainable, or if it is more wishful thinking. Desai said it is attainable, but the question is whether it is attainable before January 1. Butcher asked if they are set up to accept memberships. Desai said the website is set up to accept donations and they plan to have a recognition wall within the Art Center for donors who give at a certain level. Butcher thought memberships are a way to create sustainability. Desai said they talked about the business model for how the facility runs. She said they will need $350,000 for improvements and equipment for the building plus two years of operating expenses. Aho said there are a lot of great plans in place for fundraising and asked if they looked at some of the models used in the community to solicit corporate sponsors. Desai replied they are going to try for significant donors that way, and that is why they need to network to get leads for that. Lotthammer said Bill Clark and Mary Eagan from the Hockey Association efforts have attended many of the meetings and are working closely with the committee. Desai said Ms Eagan is handling the recognition wall, and Bill Clark is an expert in networking. CITY COUNCIL MINUTES September 16, 2008 Page 4 Nelson said she assumed the foundation grants applied for will take several months to turn around so that some of that money might be heard from after January 1. She thought there is a chance for some significant dollars from the grant applications. Desai said waiting for a grant takes time. Ann Rorem, Chair of the Arts and Culture Commission said she had the privilege of working on the Task Force that helped pull together the business plan to accept the building. She said there are a number of exciting programs to promote the Art Center to the community. She noted the fundraising committee and the Arts Commission are concerned we may be losing momentum without the City showing support by beginning the work to open the building, completing the requirements for ADA compliance and upgrading the parking lot. 2. ART CENTER SITE IMPROVEMENTS 3. ART CENTER REMODELING WORK Young then moved the discussion back to the items tabled at the last meeting and suggested the Council talk about those two motions collectively. He said he wanted to get a better sense regarding the staff expectation about the opening date for the center. Lotthammer said we are getting close to having to make program commitments if we are going to open the center soon. We need to do marketing,planning and recruiting of instructors. He said classes will help generate revenue to offset expenses. They are on a cusp of a timeline for promoting the January season, assuming we open in January with fundraising going on and improvements going on at the same time. If we do the proposals put forth tonight, that still doesn't get us quite ready to do the pottery and glassblowing,but it will get us access to both the interior and exterior of the building. The interior has a large room with a skylight that will be used as a multi-purpose room and also has two back classrooms. He noted we could be opened as early as mid-January 2009. Assuming that all those items included in the proposed motion are done to the building between now and January, Young asked what types of programming could be accommodated and if those programs could be done elsewhere in the City if the building isn't completed. Lotthammer said completing the two items would allow any type of painting, drawing, sketching, photography, some type of light sculpture making, and small metal jewelry making. He noted we would not expect to do a full five or seven day a week schedule in the beginning. It has always been the plan to scale it back in order to step into it. We would want to understand the programs, and a three-day week with night time programs might work best for that. In terms of what else is going on, the programs are more in the after-school time slot, and the recent Community Education catalog has four or five different classes. He said the Art Center will allow us to reach out to the entire community and to all age groups and abilities. CITY COUNCIL MINUTES September 16, 2008 Page 5 Young asked about the types of interior remodeling contemplated in the second motion. Lotthammer replied the area behind the garage door on the building would be remodeled to a glass store-front feel, and that area would be used for glassblowing. The doorway thresholds, doors and door handles would be modified, and the second restroom facility would be added. We would also change out the floor and do some painting. About one-third of the overall expense is for the restroom and the accessibility features for the doorways, and two-thirds is for the other interior work. Young asked what the time horizon is for the interior work. Lotthammer replied the contractor with the lowest quote is very anxious to start and would likely be done in less than two months. Dan O'Brien, architect for the Art Center, said he thought the 60-day time frame would be realistic for the things that need to be done. The exterior store-front might have a longer time frame,but that improvement isn't time critical to the facility. Young said one of the items we are talking about for both items is time. When we accepted the building in April or May, he thought we made a commitment to the creation of the Art Center. He said he would hold to that commitment and will do what he can to make sure we honor it. One of the things he has mixed feelings about is the parallel track issue. When we discussed this in May he said he did not want to get married to an opening date until we knew the results of the private fundraising. Of the two items on the agenda tonight he thought the parking lot really isn't something that money can be raised for, but it is necessary to make sure the building is usable. He said he tends to look at the parking lot differently, and he thought it is something we should fund at this time. You said as far as the interior improvements are concerned, it seemed to him that we have a window of time and we don't have to approve that tonight if we are still expecting to open in January and we want to encourage and induce private fundraising. It is much harder to raise money for something after it is open, and he didn't want to do anything to shut the door for private fundraising. He was willing to support the installation of the parking lot because he was concerned about pushing that project back six months. He didn't think we have reached the deadline date where we need to put additional City dollars in for the interior improvements, and he would like to wait to see how the fundraising is going. Butcher said she intended to support both motions tonight because she saw them as being very tightly woven. She felt we need a commitment to the Art Center because it fulfills a long time dream in the community. She also felt committed to prepare the building so we can use it publicly to the point where people can see the space and realize there is a commitment to the center. She would like the programs to begin as soon as possible because that will be a boost for awareness and for the financial contributions. She would like the building prepared to offer programs for kids in the summer. She noted she has been a great supporter of this from the beginning. CITY COUNCIL MINUTES September 16, 2008 Page 6 Butcher asked if we have considered making the Art Center a 501c3 so we could open up the whole notion of memberships which would help the sustainability of the center. Lotthammer replied some of the Friends of the Art Center have talked about that. The group committed to raise $500,000 to get the Art Center going,but they were not sure of their role in maintaining the center after that. He thought it was critical to do these improvements as soon as possible and support the grass roots movement for the center. He said a 501c3 is quite a process. As the Friends of the Art Center have become more organized, they have had a conversation about starting a 501c3 down the road to augment programs that are there. He said there are two ways to look at membership fees, one where there are different levels of donations and the other where you buy a membership at $30.00 per year to go towards the operations. The membership fee would get an individual a percentage off the price of the classes, advance registration and possibly other advantages. Butcher noted she thought that would ameliorate some of the fear about whether we can continue this into the future, and it is a tried and true model. Nelson said she was very much in favor of going forward with the parking lot and she had also reviewed previous minutes where we discussed using Settlers Ridge money for this kind of thing. She has also had a number of people call her after they read the articles in the Minneapolis Star-Tribune and the local newspapers to say the City needs to show a commitment. She thought it is important for the City to make an initial commitment, and there are still a lot of things to raise money for. We have had the Art Center donated to us and we have the initial contribution. She was in favor of doing all the construction now because it is more difficult to do that while classes are going on. Young said neither the Hockey Association nor the Veterans Memorial Committee built their structures and then tried to raise the money. He thought there is a 60-day window for the interior remodeling so we won't necessarily lose the January deadline. He said he would need to see some movement on the fundraising during that 60-day window. Aho asked if they have any feel for what the program fees would bring in versus what the operating expenses would be. Neal said we included a number in the 2009 budget, and we estimated operating costs to be about $114,000 and operating revenues to be $36,000, which is an $80,000 difference. Aho asked if there are some costs of just having the building and keeping it there. Lotthammer said at that stage we are looking mainly at a minimum level of utilities, lawn care and snow removal. The utilities were estimated at$14,000 and the lawn care and snow removal estimates were $10,000. The snow removal could be backed out if we didn't use the building, but we would still have to maintain the lawn whether we are in the building or not. It would be in the $20,000 range even if it were not used. CITY COUNCIL MINUTES September 16, 2008 Page 7 Aho said he thought it is a good idea to commit to doing the parking lot because that gives us the opportunity to open up in January, or later if we choose. He would vote for doing the parking lot right now,but he would also like to see that we open the Art Center fully when we open it. He would like to shoot for the big picture and have it equipped like we would want it to be. He would vote to do the interior improvements after we see how the fundraising goes, and he would also want to do the interior the way we want to see it. Young thought we can decide to approve the projects up until November 1 and still maintain the January opening date because of the 60-day window. At that time he would support the interior remodeling if the fundraising had reached $80,000, which would cover the cost of the interior projects. Duckstad asked if at any time previously the City took a survey or asked the public what they would like to see in the Art Center before going ahead with the improvements. Lotthammer said a formal City survey has not happened. Based on resident feedback and people in the arts community, he thought he could say with great confidence we will be able to put together a good program. It will evolve in the future, and that will depend in part on the quality and type of instructors attracted to the center. As soon as people take programs they tell their friends so he could see the center growing and morphing in that regard. We have a good base of knowledge to put a program out there to gauge people's interest. When the time is right we will be there with a good promotion. He noted the Task Force and the Arts Commission spent a fair amount of time on a model curriculum so there is a very good basic plan in place. Duckstad thanked the Sampson family for the wonderful gift and also thanked the members of the fundraising committee for their work. He said he personally supports the Art Center,but if the City is going to get into paying for it, we have to be concerned about what our obligation is to the taxpayers of the City and spend their money wisely. He supported the idea of funding the Art Center with private donations. He also felt like we weren't married to any starting date, so we can make every effort to raise significant money up front. He was concerned that if the City spends money on the building, we will undercut the fundraising efforts. At this point unless he sees a greater fundraising amount he was not interested in selecting any deadline of when we should start the improvements. There is an obligation to go forward with the Art Center,but there were conditions that were attached. Duckstad said he was concerned that the building is small, and it may be practical at some point to sell the building and deposit the money for art- related purposes and then at a future time put together an Art Center in a fashion that we would believe would be a proper manner. He was reluctant to commit taxpayers' money at this time,partly in light of the current economy with high gas prices, rising costs, and a waning stock market. He CITY COUNCIL MINUTES September 16, 2008 Page 8 was in favor of waiting and was not in favor of committing the City's money until there are further fundraising efforts. Neal commented he thought the level of due diligence the City Council took on this project in 2007 and 2008 was impressive. He said there are many cities where if they had a $1,000,000 gift they would say thank you and would think about how to take care of it later. Instead we appointed a Task Force in January and asked them to study the issue whether we should accept the gift and come back with a report that had the numbers in it. He said Council Member Duckstad raises a good question that is important to reflect on in that this building is not going to be all things to all people. There were some early discussions on the Task Force about what could go into this building. He thought the physical structure of the building and the size and layout do not really create a good atmosphere for anything other than applied arts. He said staff would appreciate the Council's support for both of these motions. He liked the idea of setting a target because that was effective with the hockey initiative. Nelson said Bloomington had a benefactor come forward, but Eden Prairie also had a benefactor come forward with a $1,000,000 gift. We aren't talking about adding $1,000,000 for the Art Center. She said some organizations may give specific gifts for items such as kilns and that should be included within the $80,000 target. As long as that is understood she thought that level is reasonable. Young thought her comments were fair. Tonight his preference would be to table the second motion until the first meeting in November. Neal noted there is only one Council meeting in November on the 16d'because of the General Election. Young said we could table the motion until the 2nd meeting in October, and if it appears at that time we are reasonably close to $80,000 in capital commitments,he would then support going forward with the interior improvements. Duckstad asked if he proposed to table one or both motions. Young said to just table the second one. Duckstad said he would be in favor of tabling both motions. Butcher asked if it was correct we would not be able to use the building until the second restroom, and the thresholds and doors are improved. Lotthammer said until the second restroom, the thresholds and doorways are done, we cannot have public meetings there. Butcher questioned whether it made sense to expand the parking lot for a building that we will not be able to have the public into. Young said he was prepared today to act upon the parking lot because there is a deadline for that. If there is a window of 60 days for the interior, we don't have the same deadline for the interior improvements. He said we made a commitment to try to accomplish many of the capital improvements CITY COUNCIL MINUTES September 16, 2008 Page 9 with private fundraising but we are dealing with this on a timeline faster than he had in mind. He thought we need an inducement for the fundraising, so he wanted to table the second motion and see what happens. Aho thought we are not married to any particular opening start date,but we are tied to getting the parking lot done now before the snow flies in order to have the option to open in January. He would like to see it opened more fully than just doing a bare minimum. He thought people have responded well to projects like this. MOTION: Nelson moved, seconded by Butcher, to award the construction contract for Site Improvements to Parrott Contracting, Inc. in the amount of $91,675 for construction of a new 26 car parking lot and associated site work at the Eden Prairie Art Center. Motion carried 4-1-0, with Duckstad opposed. MOTION: Butcher moved, seconded by Nelson, to award the contract for Art Center building remodeling to Doran Construction. Motion failed 2-3- 0, with Aho, Duckstad and Young opposed. Rosow suggested submitting a new motion to bring the second item back at the October 21 Council meeting. MOTION: Aho moved, seconded by Duckstad, to bring back the motion to award the contract for Art Center building remodeling to the second meeting in October in order to review the status of fundraising at that time. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 2, 2008 MOTION: Duckstad moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, September 2, 2008, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council meeting held Tuesday, September 2, 2008, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES September 16, 2008 Page 10 B. ADOPT RESOLUTION NO. 2008-90 APPROVING FINAL PLAT OF TECHNOLOGY CAMPUS 4TH ADDITION C. ADOPT RESOLUTION NO. 2008-91 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT NO. PW 16-49-08 WITH HENNEPIN COUNTY FOR RE-CONSTRUCTION OF CSAH 1 (PIONEER TRAIL), FROM EAST OF FLYING CLOUD DRIVE TO WEST OF SHETLAND ROAD, I.C. 04-5631 D. ADOPT RESOLUTION NO. 2008-92 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. APPROVE REPLACEMENT OF WETLAND AGREEMENT AND FILING OF DECLARATION OF RESTRICTIONS AND COVENANTS FOR TWO CITY-OWNED OUTLOTS WITHIN SETTLERS WEST F. APPROVE COMMUNITY CENTER CATERING SERVICES AGREEMENT WITH DAVANNI'S G. APPROVE PURCHASE OF NEW CRASH RESCUE TRUCK FROM E-ONE MANUFACTURING H. APPROVE SALE OF FIRE ENGINE 32 TO HENNEPIN TECHNICAL COLLEGE IN EXCHANGE FOR TUITION CREDITS I. AWARD CONTRACT FOR REPLACEMENT OF MARKET CENTER CLOCK TOWER LIGHTING COMPONENTS TO SIGN CRAFTERS J. APPROVE PLEASANT HILLS CEMETERY RULES AND REGULATIONS MOTION: Butcher moved, seconded by Aho, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. SURMODICS Request for: Planned Unit Development Concept Review on 9.80 acres, Planned Unit Development District Review on 9.80 acres, Zoning District Amendment within the I-2 Zoning District on 9.80 acres, Site Plan Review on 9.80 acres, and Preliminary Plat on 9.80 acres into one lot. Location: Northeast corner of 74"' Street West and Golden Triangle Drive (Resolution No. 2008-93 for Planned Unit Development Review; Ordinance for PUD District Review; Resolution No. 2008-94 for Preliminary Plat) Neal said official notice of this public hearing was published in the September 11, 2008, Eden Prairie News and sent to 17 property owners. The property is zoned I- 2. An existing 63,390 sq. ft. building occupies the property. The project shows a two phased development. Phase one consists of a 63,000 sq. ft. two-story addition, CITY COUNCIL MINUTES September 16, 2008 Page 11 and is the subject of this report. Phase two consists of demolishing 30,000 sq. ft. of the original building and constructing a 60,000 to 80,000 sq. ft. addition west of phase one. Neal said the project conforms to the requirements of the I-2 District. The 120-day review period expires on December 18, 2008. The Planning Commission voted 7-0 to recommend approval at the September 8, 2008 meeting. Neal said he and Mayor Young were part of a "meet and greet" at SurModics not long ago where we discussed their hope to expand in this state rather than another state. Our staff had a subsequent meeting with their staff and representatives at the state level. This project represents an expansion of this business as well as this industry, and the project will create the kind of jobs people in Minnesota want to have. Young commented we are very excited about it and he did enjoy the meeting. There were no comments from the audience. MOTION: Butcher moved, seconded by Duckstad, to close the Public Hearing; to adopt Resolution No. 2008-93 for Planned Unit Development Concept Review on 9.8 acres; to approve 1 st Reading of the Ordinance for Planned Unit Development District Review and Zoning Amendment in the I-2 District on 9.8 acres; to adopt Resolution No. 2008-94 for Preliminary Plat on 9.8 acres into 1 lot; to direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and to authorize staff to issue grading, footing, and foundation permits to SurModics to proceed with construction at their own risk. 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." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 2.22 RELATING TO BUDGET ADVISORY COMMISSION TERMS Neal said City Code Section 2.22 deals with the "Terms of Appointment" for City Commissions. This section of the code has been amended so that all current Budget Advisory Commission (BAC) terms end on December 31, 2008, and new terms begin on January 1, 2009. Neal said for terms starting January 1, 2009, the Council shall appoint four members to four-year terms ending December 31, 2012, and three members to two- year terms, ending December 31, 2010. Thereafter, following expiration of the three (3) terms ending December 31, 2010, the term of such positions shall be four CITY COUNCIL MINUTES September 16, 2008 Page 12 (4) years. For the terms that commence on January 1, they shall continue for the terms appointed and until the member's successor has been appointed and qualified. The Council may, but need not, appoint a person for the unexpired position of the term of a member whose membership has become vacant. No person may be appointed to more than two full consecutive terms, except by unanimous vote of the Council. He said this is the first reading of an ordinance that incorporates the discussions and feedback from the Council at a workshop and a report he prepared in August. Butcher asked him to address the question of why the start date for the BAC members is different than the other commissions. Neal replied when we had our discussion with the Council we talked a lot about the sequence of events in our budget process and how bringing on new BAC members in April really puts them four months behind in the timeline we have to deal with our budget. The budget timelines are not fully under our control because we have statutory requirements to meet from the State and from Hennepin County. To delay the appointment and seating of new BAC members really hamstrings them in their ability to do their job. He noted this creates a little bit of additional process work on behalf of staff,but we think it will be worth it. We have a marketing campaign ready to launch tomorrow to begin the process of recruitment if the Council approves this tonight. He would like the City Council to have a short interview process sometime in October, appoint them in November, and have them attend budget"boot camp"in December. Nelson said one of the things that occurred to her with these four-year terms is that someone who completes two terms on the BAC would have been on the commission for eight years, or almost the equivalent of three full three-year terms. She asked if we have considered having at least four votes required for the Council vote on appointment of an individual to a second term. Young said he understood her concern that it doesn't fit squarely into our process,but he was comfortable with the way the ordinance currently reads. Neal said we sought input from the current BAC members, and we did not have any feedback from them on that point. Staff proposed the consistency in the two-term issue. MOTION: Aho moved, seconded by Duckstad, to approve first reading of an Ordinance amending City Code Section 2.22 relating to Budget Advisory Commission terms. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES September 16, 2008 Page 13 D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Acquisition of Permanent and Temporary Easements for Sin0etree Lane Improvements (Resolution No. 2008-95) Dietz said in conjunction with the Windsor Plaza project we negotiated that Windsor Plaza would reconstruct Singletree Lane between Eden Road and Flying Cloud Drive at their expense. Our cost would be to acquire any additional right-of-way necessary from KinderCare and Bremer Bank. We have received the appraisals, and this resolution authorizes us to make offers to them for the amount of the appraisals. It also authorizes acquisition pursuant to the exercise of the power of eminent domain if the property cannot be acquired though the negotiation process. Nelson said she assumed the Bremer Bank portion is a very small chunk of land while KinderCare is a somewhat larger one. She asked what impact that will have on their facility and if it is possible they would turn it down. Dietz replied we have had discussions with them,but it is possible they will turn us down. He said it is impactful to the site because we need about 3/4 of an acre, and we would have to acquire 4,000 square feet of the play area between Singletree and their front door. This offer would compensate them for damages and for relocating the play area. He noted there are possible alternatives for this such as easements. He said we will begin the negotiation process and report back how we are doing. He thought this was an on-point appraisal that recognizes the damages that are occurring but keeps the facility viable. Young asked if they have expressed any opinion that by this acquisition the facility would not be operable. Dietz said it is possible to acquire the entire site,but we cannot condemn the entire site. Young then asked if this issue will come back to the Council before we initiate any condemnation proceedings. Dietz said this allows us to extend an offer and if we can negotiate something they would sign it and we would bring it back for approval. Duckstad asked if the $170,000 value was based on a real estate report. Dietz said it was. MOTION: Aho moved, seconded by Duckstad, to adopt Resolution No. 2008-95 authorizing the Director of Public Works to extend offers to Bremer Bank and Knowledge Learning Corporation (KinderCare) for acquisition of property including temporary easements for the improvement of Singletree Lane and further authorizing the Director of Public Works and the City Attorney to commence eminent domain proceedings if the property interests cannot be acquired through negotiation. Motion carried 5-0. CITY COUNCIL MINUTES September 16, 2008 Page 14 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 Duckstad, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:50 PM.