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City Council - 06/20/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUKE 20,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Ross Thorfinmon, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Roger Pauly and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:07 p.m. Councilmember Thorfinnson was absent. H. PLEDGE OF ALLEGIANCE III. PROCLAMATION DESIGNATING JULY AS PARKS AND RECREATION MONTH Tria Mann,Arts and Special Events Coordinator, said Recreation and Parks Month is now nationally recognized. She listed the many events scheduled for July by the City. Mayor Harris read the proclamation designating July as Parks and Recreation Month in Eden Prairie. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XII.A.1., Report on the Southwest Metro Transit Commission and Item XII.A.2., Report on a Newsletter to Teens. Case added Item XII.A.3., Inquiry about Donation of Apple Trees and Item XII. A. 4., Inquiry Regarding Deanovitch Apartments. Enger added Item IX.A. Time Warner System Upgrade Performance Bond. MOTION: Case moved, seconded by Butcher, to approve the agenda as published and amended. Motion carried 4-0. V. MINUTES CITY COUNCIL MINUTES June 20,2000 Page 2 A. CITY COUNCIL MEETING HELD DUNE 6,2000 Tyra-Lukens made a correction on page 9, paragraph 4,the third sentence, which would then read "Tyra-Lukens asked, if this was a new development, wouldn't this amount be covered by the developer, who would then pass the cost on to the individual owner through the lot cost?" MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council meeting held June 6, 2000, as published and amended. Motion carried 4-0. VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. BRYANT LAKE REGIONAL PARK- PHASE H by Hennepin Parks. 2nd Reading for Planned Unit Development Concept Review on 167.6 acres and Planned Unit Development District Review with waivers within the Rural Zoning District on 167.6 acres. Location: 6800 Rowland Road. (Ordinance No. 18- 2000-PUD-11-2000 for PUD District Review and Zoning District Amendment) C. WINGATE HOTEL by Eden Prairie Hotel Group, LLC. 2nd Reading for Comprehensive Guide Plan Change from City Service to Regional Commercial 5.25 acres, Planned Unit Development Concept Review on 5.25 acres, Planned Unit Development District Review with waivers on 2.89 acres, Zoning District Change from I-5 to C-Reg-Ser Zoning District on 2.89 acres, Site Plan Review on 2.89 acres, and Preliminary Plat on 5.25 acres into 2 lots. Location: 7900 and 8000 Mitchell Road. (Ordinance No. 16-2000-PUD-9-2000 for PUD District Review and Zoning District Change and Resolution No. 2000-99 for Site Plan Review) D. ADOPT RESOLUTION NO. 2000-100 APPROVING FINAL PLAT OF EDEN PRAIRIE CENTER 9'ADDITION E. ADOPT RESOLUTION NO. 2000-101 APPROVING FINAL PLAT OF FLAGSHIP 2D ADDITION F. ADOPT RESOLUTION NO. 2000-102 APPROVING FINAL PLAT OF LINCOLN PARC G. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A PROJECT MANAGEMENT AGREEMENT FOR THE LINCOLN PARC APARTMENT PROJECT H. RECEIVE FEASIBILITY STUDY AND ADOPT RESOLUTION NO. 2000-103 SETTING PUBLIC HEARING FOR CHARLSON AREA IMPROVEMENTS, I.C. 99-5484 AND I.C. 98-5470 CITY COUNCIL MINUTES June 20, 2000 Page 3 I. APPROVE SPECIAL ASSESSMENT AGREEMENT WITH LYNN CHARLSON FOR `CHARLSON AREA STREET AND UTHIITY IMPROVEMENTS' J. ADOPT RESOLUTION NO.2000-104 APPROVING GUIDE PLAN UPDATE EXTENSION K. ADOPT RESOLUTION NO. 2000-105 DECLARING THE CITY'S INTENT TO EXERCISE LOCAL TRANSIT LEVY OPTION FOR TAXES PAYABLE IN 2001 L. AWARD CONTRACT FOR CONSTRUCTION OF NEW RADIO TOWER AND DEMOLITION OF OLD RADIO TOWER M. APPROVE AGREEMENT FOR RADIO ENGINEERING WORK TO RELOCATE THE CITY'S RADIO TRANSMITTER FACILITIES N. ADOPT RESOLUTION NO. 2000-106 DECLARING UNCLAENIED PROPERTY AS "ABANDONED PROPERTY" O. ADOPT RESOLUTION NO. 2000-107 DECLARING FORFEITED VEHICLES AS "EXCESS PROPERTY" P. ADOPT RESOLUTION NO. 2000-108 AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A MNDOT JOINT POWERS AGREEMENT TO COMPLETE PHASE III OF ARCHAEOLOGY INVESTIGATION AT THE MILLER BROTHERS GENERAL STORE SITE Q. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOT 4,BLOCK 2,BELL OAKS 1ST R. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR WINDFIELD 4Tg,STg,AND 6'ADDITIONS S. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO PROFESSIONAL SERVICE AGREEMENT FOR LOCAL WATER MANAGEMENT PLAN T. AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR BOG-MONITORING AT BEARPATH GOLF AND COUNTRY CLUB MOTION: Tyra-Lukens moved, seconded by Butcher, to approve Items A-T on the Consent Calendar. Motion carried 4-0. VH. PUBLIC HEARINGS/MEETINGS CITY COUNCIL MINUTES June 20, 2000 Page 4 A. STREET AND UTILITY EUPROVEMENTS FOR HIGHVIEW DRIVE/LAKELAND TERRACE AREA, I.C. 96-5406 (RESOLUTION NO. 2000-109) Enger said the official notice of this public hearing was published June 6 and 15, 2000 in the Eden Prairie News and sent to 27 property owners. Dietz said Al Gray has met with the property owners and they have a copy of the feasibility report. This public hearing is to determine if the project is feasible. There will be an specific assessment hearing at a later date. He told the Council to consider this as a project going forward under its own motion,which requires a four-fifths majority vote. Gray said this neighborhood is located in the western part of Eden Prairie on the southeast side of Riley Lake. It was developed before the City had a utility system, and at this point the City is considering installation of utilities in response to a petition of the property owners. The new system will extend along Highview Drive to Lakeland Terrace. Street improvements are also being considered. On Lakeland Terrace, the residents wish to have the road remain as it is, so it will be restored to a gravel surface. In the Highview neighborhood, the City plans to install a standard residential street. Alternative utility systems have been considered. The Staff is recommending a standard gravity system at this time. Regarding the cost, participation by all 27 properties is recommended. Cost of the sewer, water and road improvements will be approximately $33,000 per unit on Highview Drive, and for Lakeland Terrace, and the three parcels adjacent to the Light Rail Corridor will be$19,006 per unit for sewer and water. Considering the assessment cap of$19,600, the City will pay the remaining cost for Highview residents. Staff has divided the cost for street assessments between the two neighborhoods for the portion that connects to Pioneer Trail. The City would exclude assessments up to five years. In discussions with the neighborhood, it appears that a certain number of homes would connect up immediately, when available, as some septic systems are failing. They would have two years to make a connection to the system. Other people believe their systems are adequate at this point and they question the $19,600 assessment. However,the City believes a large number of residents wish to have the project. Mayor Harris asked if anyone present wished to speak to the Council. Sherre Walstad, 9501 Highview Drive, said the septic system is behind their house and they cannot move it to the front. There are now two houses on what was originally one large lot. They have two holding tanks and a drainfield. They used to pump the tanks out every two months, and now do it once a month. They have had to go to a Laundromat to do their washing for the past four years. Ms. Walstad said she hopes the City will put in utilities this year. CITY COUNCIL MINUTES June 20,2000 Page 5 Charlie Title, 9585 Lakeland Terrace, said 22 families live in this very friendly neighborhood. His house is on a long piece of properly with a double drainfield and he has never had to pump his septic system. He had understood the City would be using a method of horizontal boring to install utilities, but now hears they will be doing a"clear cut"through the woods that will take out 100-year-old trees. He thinks it is an issue of who pays for the loss of trees, and he asked the City to consider picking up the whole cost of the improvements. Alice Title, 9585 Lakeland Terrace, expressed concern that the "clear cut' will have a substantial impact on the value of the property. No one has spoken to them about the change of plans (from horizontal boring to "clear cut"). The removal of the trees would impact them financially much more than the benefit from having the availability of utilities. She feels that the City needs to make some compensation for the impact on the properties Gray said the term is "open cut"not "clear cut". A year ago he looked into using a low-pressure sewer system through horizontal boring underground, which is a method that is beginning to be used on larger, deeper conduits. It was tried in Eden Prairie on Kimberly Lane, but the equipment was unable to accomplish the job of installing sewer lines. The cost of the horizontal boring is much higher than doing an open cut. However,the Engineering Department hasn't finished the design work for this project and hasn't looked at the impact on all the trees. He said they will do that and will look at horizontal boring also. Jeanne Adomaitis, 9503 Highview Drive, said she has a smaller, mound-type septic system. She has to do her laundry at the Laundromat. The septic system has to be pumped out every month. In spite of doing that they still have leaking out of the mound. She supports the project but wants to maintain the beauty of the neighborhood as much as possible. Guy Schoenecker, 9450 Lakeland Terrace, said they have two lots, 23 and 24. However,they are generally supportive of the project in spite of the costs to them. Regarding the sewer easement, if the crew could come down the railroad right-of- way it would save the City money, and he would be willing to grant an easement on his property. However, he didn't realize that horizontal boring was not now a probability. The overriding issue to him is protection of the lake and the foliage. Perry Forster, 9505 Highview Drive, said he has lived there since 1971. They were told at that time that sewer and water would be available in 10 years. The septic system is 30 years old. He is very much in favor of the sewer and water project and would like to see it put in this year. His main concern is the number of unresolved details that need to be taken care of. He's very concerned about the storm sewer going into the pond at the end of the road. He also wants to see the character of the neighborhood remain as it is, and doesn't think the neighborhood needs a 28-foot-wide road with curb and gutter. He is aware that when the project comes,the neighborhood roads will be shut down for 6-8 weeks. CITY COUNCIL MINUTES June 20, 2000 Page 6 Debbie Gjervold, 9581 Highview Drive, said she is new in the neighborhood. She hoped the narrow roads would not be widened. She was also concerned about storm sewer drainage into the pond. Beth Halvorson, 9536 Lakeland Terrace, said they have replaced the drainfield twice, at a cost of$5,000 each time. She is highly supportive of the sewer and water project. Lakeland Terrace has a dirt road with arching trees that join overhead. She and others want to preserve that. She asked the City to try to resolve the matter of open cutting of trees and to have a restoration plan. It is a very unique and beautiful neighborhood. Tom Knauer, 9601 Highview Drive, asked how wide a swath would be cut, and Al Gray said the trench for a water main would need to be about 15-feet wide. Mr. Tower said the drawings show that this water main would run between his lot and the next one. If horizontal boring proves to be feasible, even though expensive, he would prefer to see it used. It is the method he and the neighbors were told would be used. He also expressed concern about the water quality in Riley Lake and said that the money to make improvements should come from a larger source than the homeowners in this neighborhood. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Butcher asked if there would be any way to put in a sanitary sewer other than by boring or open cutting, or if a combination of both could be used. Gray replied, yes,the City could open cut some of the way and do tunnel boring where there are major trees. The design has not been completed, and they will work on the alternate method in the final design. Butcher asked if the cost of the assessments includes boring. Gray replied no,that was based on open cut estimates. Boring would cost three or four times as much as open cutting. Gray said the water main system is limited to 7-1/2 feet deep. They could go to a smaller sanitary sewer system, however, and that would be good for horizontal boring. One alternative is to go to a pressure sewer system, using a 3-inch- diameter pipe and every home would get a pump installed. Case asked what the criteria would be to determine whether to use the pressure sewer system. Gray replied it's a matter of general acceptance. There are areas of the country where they use this system, but there is an on-going cost to maintain the pumps. Case asked if the Council were to order the City to go ahead with the project, would there be a chance to come back to consider what alternative to use? Gray said that depends on how soon Council wants it put in. If the City is going to spend time to look at alternatives, it would be done in 2001. But if they are going to get ready for bids there won't be much time to look at many alternatives. CITY COUNCIL MINUTES June 20, 2000 Page 6 Debbie Gjervold, 9581 Highview Drive, said she is new in the neighborhood. She hoped the narrow roads would not be widened. She was also concerned about storm sewer drainage into the pond. Beth Halvorson, 9536 Lakeland Terrace, said they have replaced the drainfield twice, at a cost of$5,000 each time. She is highly supportive of the sewer and water project. Lakeland Terrace has a dirt road with arching trees that join overhead. She and others want to preserve that. She asked the City to try to resolve the matter of open cutting of trees and to have a restoration plan. It is a very unique and beautiful neighborhood. Tom Knauer, 9601 Highview Drive, asked how wide a swath would be cut, and Al Gray said the trench for a water main would need to be about 15-feet wide. Mr. Tower said the drawings show that this water main would run between his lot and the next one. If horizontal boring proves to be feasible, even though expensive, he would prefer to see it used. It is the method he and the neighbors were told would be used. He also expressed concern about the water quality in Riley Lake and said that the money to make improvements should come from a larger source than the homeowners in this neighborhood. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing. Motion carried 4-0. Butcher asked if there would be any way to put in a sanitary sewer other than by boring or open cutting, or if a combination of both could be used. Gray replied, yes, the City could open cut some of the way and do tunnel boring where there are major trees. The design has not been completed, and they will work on the alternate method in the final design. Butcher asked if the cost of the assessments includes boring. Gray replied no,that was based on open cut estimates. Boring would cost three or four times as much as open cutting. Gray said the water main system is limited to 7-1/2 feet deep: They could go to a smaller sanitary sewer system, however, and that would be good for horizontal boring. One alternative is to go to a pressure sewer system, using a 3-inch- diameter pipe and every home would get a pump installed. Case asked what the criteria would be to determine whether to use the pressure sewer system. Gray replied it's a matter of general acceptance. There are areas of the country where they use this system, but there is an on-going cost to maintain the pumps. Case asked if the Council were to order the City to go ahead with the project, would there be a chance to come back to consider what alternative to use? Gray said that depends on how soon Council wants it put in. If the City is going to spend time to look at alternatives, it would be done in 2001. But if they are going to get ready for bids there won't be much time to look at many alternatives. CITY COUNCIL MINUTES June 20, 2000 Page 7 Mayor Harris said there are issues on cost, depending on the alternative chosen. Butcher asked if there were other streets in the City that are narrower than 25 feet that serve just a few houses. Gray said the City has not built anything less than 25 feet. Some private streets are less than 25 feet. The neighbors expressed some concern about the safety issue,with curved roads that are narrow. Case said this is a very unique project and unique solutions are needed. He realized there are time constraints, with septic systems failing, but he didn't like to make a quick decision. The project should be done right but it wasn't clear to him at this point what would be the best way. Mayor Harris said perhaps there is another way to do it. Council is being asked to approve plans and specifications at this time, and she asked if there was time in the workshop schedule to review this further. Gray said he could get plans put together so Council could get profiles of alternatives. Engineering staff could look at doing horizontal boring in some areas, and in some places they can do an open cut where it won't affect the neighborhood. They can look at alternatives in design and bring them to a workshop. They could also have another neighborhood meeting in the design phase. Gray said he couldn't guarantee how much time doing the alternative designs would take. The project may have to be put off until next spring. Gray was asked if the schedule could be accelerated. He said he would ask the consultant to go faster,but it is a busy season. Case said if plans and specifications are approved, he wants to look into alternatives for stormwater drainage and hear some creative solutions. Dietz said he believed it might be possible to develop some alternatives for horizontal boring of certain pipes. For a low-pressure sewer system, a pump system has to be installed in the basement of each house. That is not a typical thing in Minnesota, and they would have to find out if the neighborhood wants to do this. It could be ordered for the Lakeland neighborhood. The cost to the homeowner would be higher than it would be otherwise, but it would save the trees. The gravity system meets city standards and in the past has been agreed upon,but the City can do a more expensive system also. He didn't see a problem in going to a 25-foot street;the City has done that in the past. If they want to look into a low-pressure system,it is unlikely the City can proceed this year. Tyra-Lukens said she wanted to know how much a low-pressure system would cost the homeowner. Gray replied installation of the pump system would add about $2,500 to $3,000 to the cost for the homeowner. It would be more expensive for those with a septic system in the back of the house. Case said he would like to know what trade-offs the neighbors would accept. CITY COUNCIL MINUTES June 20, 2000 Page 8 Dietz said if they could get that information next week there may be time to do the project this year. Mayor Harris said Engineering Staff needs this information from the neighborhood. The City is trying to accommodate some of their concerns such as drainage to the pond, the character of the neighborhood, and boring versus open cutting. She asked if Staff would be able to provide the necessary information to the neighborhood in order that residents could get answers back promptly. Gray said Engineering Staff would be looking at horizontal boring of critical sections and he can bring this back as an alternative with the final designs. Case said he understood Lakeland residents were not experiencing failure of septic systems and their road is not being rebuilt, so the time crunch is for the Highview residents. Perhaps there could be time to find out what Lakeland Terrace residents want. If they got this information back to Staff in a few days, and if the majority want to have the low-pressure system looked into, then the City will do that. Dietz said City Staff could poll the Lakeland Terrace neighborhood and find out if they want to go with the low-pressure system. If a majority of the neighborhood want to go with it,the City could begin the design work. They would still have to work on Highview Drive, but perhaps Council could order all the improvements except sanitary sewer for Lakeland and make a decision about whether to use a low-pressure system or gravity system at a continued public hearing on July 18. Pauly said the public hearing has been closed. It would be necessary to have a motion to reconsider the action to close the public hearing. MOTION: Tyra-Lukens moved, seconded by Case, to reconsider the motion that was passed to close the public hearing. Motion carried 4-0. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing regarding all issues,with the exception of the sanitary sewer on Lakeland Terrace. Motion carried 4-0. MOTION: Case moved, seconded by Tyra-Lukens, to continue the public hearing on the sanitary sewer system on Lakeland Terrace until the July 18, 2000, City Council meeting. Motion carried 4-0. Dietz said Engineering Staff would begin the design work on street improvements for Highview Drive and consider reducing the street widths to 25 feet, and finalize the design work for sanitary sewer and water main work on Highview Drive and water main work on Lakeland Terrace. They will poll the neighbors on Lakeland and expect responses by the end of next week. If a simple majority of residents prefer the low-pressure system, Staff will begin the design of that system. The public hearing will continue on July 18. If Council should be uncomfortable with CITY COUNCIL MINUTES June 20, 2000 Page 9 the decision-making process on July 18, Staff would probably have to delay the project until next spring. Case asked what would be the alternatives to open cutting and storm water drainage to the pond. Dietz replied that they would have to determine, through the design process, where the water is going to go. They will know that before the final design is done. If they get the approval of the neighborhood to go ahead with the low-pressure system, it would be put in along Lakeland Terrace. Lot number 4 would be on the low-pressure system also. The low-pressure system, through horizontal boring, would go down the slopes to the light rail corridor, using 3"pipes instead of the traditional 8"pipes. There will be some trimming of the trees but he didn't think it would be to the same extent as it would be with the gravity sewer system. Case said if residents are still getting a open cut through their yards they need to know. Gray replied that Staff needs to do some analysis before they would have an answer. For the water main they may have to cut through a wooded area from the road to the rail corridor. The water main would likely stay within the street area and would not change the tree canopy. 'All lots that are served from Lakeland Terrace would be the subject of the poll. Mayor Harris said Council can move this project forward, and leave it to Staff to get back with appropriate information, in consultation with residents, regarding a gravity system versus a low-pressure system. She thanked all those who came and participated in the public hearing. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000- 109 ordering improvements and preparation of plans and specifications for Highview Drive/Lakeland Terrace Area Street and Utility Improvements, as per Mr. Dietz, excluding the sanitary sewer portion on Lakeland Terrace. Motion carried 4-0. VHI. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Tyra-Lukens, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Tyra- Lukens and Harris voting"aye". IX. ORDINANCES AND RESOLUTIONS A. TIME WARNER SYSTEM UPGRADE PERFORMANCE BOND (Resolution 2000-110) Case said that at the May 24, 2000, meeting of the Southwest Suburban Cable Commission, the Commission recommended that Time Warner's performance bond be reduced from$300,000 to $100,000. This recommendation was based on Time Warner's representation that system construction had been completed. CITY COUNCIL MINUTES June 20, 2000 Page 10 MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution No. 2000-110 authorizing reduction in Time Warner System Upgrade Performance Bond from$300,000 to $100,000. Motion carried 4-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS M. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. APPEAL OF BOARD OF ADJUSTMENTS AND APPEALS DENIAL OF VARIANCE REQUEST 2000-07,NATHAN BERGELAND Enger reported that on June 8, 2000, the Board of Adjustments and Appeals heard Mr. Bergeland's request for Shoreland setback variances, approval to alter the non-conforming house structure, permission to allow repair, remodeling and improvements to the existing house and gazebo, and an appeal of the Building Official's order for removal or relocation of the non-conforming gazebo. The Board of Adjustments and Appeals denied the request, and Mr. Bergeland has appealed the decision. The Council was asked to set a date to hear his appeal. MOTION: Case moved, seconded by Tyra-Lukens, to set July 18, 2000, to hear the appeal of Nathan Bergeland on his variance requests and hear the appeal on the Building Official's Order for removal/relocation of the gazebo on Lot 2, Bryant Lake Heights, 7012 Willow Creek Road. Motion carried 4-0. XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Report of Councilmember Tyra-Lukens on Southwest Metro Transit Tyra-Lukens reported that Southwest Metro has several new services for the summer months. As was done last year, buses will take people to the Minnesota Fair in August. (1) A bus service funded by FamiLink, to take people to the Farmers' Market and the Halong Market in Minneapolis, for a round-trip fare of $1.00. This service will continue until August 18. (2) Bus service to Staring Lake Amphitheatre for the concert series, which began June 14 and ends August 9. The bus will pick people up along the way and take them to Staring Lake, which helps to eliminate the parking problem. The cost is 50 cents round trip. Information on this service will be available at the Staring Lake kiosk. CITY COUNCIL MINUTES June 20, 2000 Page 11 2. Report of Couneilmember Tyra-Lukens on a Newsletter for Teens Tyra-Lukens announced that the group, Building Assets Together, applied for funding through FamiLink to publish a newsletter aimed at teens. They recently received funds from the Eden Prairie Foundation and LCTS. The newsletter was distributed at the high school towards the end of the school year, and also mailed to all Eden Prairie residents whose children are not enrolled in public schools. The newsletter includes a list of activities in which youth can become involved, such as volunteer work, sports and arts activities. The publication will come out three times a year. The group received funding for three issues. The newsletter is available at the library, at FamiLink, and the front desk of the City Center. It will be put in other locations as distribution issues are worked out. 3. Councilmember Case's Inquiry about Donation of Apple Trees Case said the owners of the Eden Apple Orchard offered to give some of the trees to the City when the property was developed, and the Council had decided that some trees could be moved to the Cummins-Grill property. He recalled there were 20 trees to move. Case inquired about the status of that donation. Lambert replied he remembered the discussion, but had not seen any formal documentation that the owners have given the trees to the City. It would cost some money to move them, probably $546 per tree, and he didn't know if those funds have been authorized. If they are 2 inches or less in size, the City's crews could move them, and there wouldn't be a cost. Case said it would be necessary to find out if the Heritage Preservation Commission voted to accept the trees for the Cummins-Grill property. He requested Staff to invite John Gertz to the next Council meeting,with the HPC meeting minutes indicating if the donation of the trees was approved. Enger said Staff would follow up on this. He asked Case if this donation request came from the HPC in order to establish an orchard at the Cummins- Grill property. Case replied it came from discussions he had with John Gertz in connection with the developer's agreement. 4. Councilmember Case's Inquiry Regarding Deanovitch Apartments Case said he would like a brief report on this project. He asked Staff to check on whether 20 percent of the units have been set aside for public housing rentals, if the City would want to do more of these projects, etc. Enger said he would report back at the July 18 Council meeting. CITY COUNCIL MINUTES June 20, 2000 Page 12 B. REPORT OF CITY MANAGER C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR 1. Community Center and Round Lake Parking Permits Report for 2000-2001 School Year Lambert said the Council had requested a report following a year of this parking permit program. He asked Lyndell Frey to give a brief update on last year's experiment and recommendation on parking fees for next year. Frey said it is Staffs opinion that the parking permit program in its first year of operation was a success. In previous years many patrons of the Community Center had complained they couldn't find a place to park nearby; however, this year that has not been the case. There have been questions from school children and their parents about charging them to park. After he talked to them, however, they understood the City wasn't making money on the parking fees. The police check the lot several times a day,which is a plus for the Community Center and its patrons. Staff s recommendation is to increase the parking permit fee from $80 to $85 to be consistent with the high school, which will be increasing their rates by the same amount. A second recommendation is to allow students to purchase a parking permit after March 26 for a reduced fee of$42.50. This was not done the first year because City Staff didn't know how many spaces would be purchased. There were 310 spaces sold. The Staff report shows all available parking spaces in the High School's A and B lots have been taken for the 2000-2001 school year. Lot C has some parking spaces available. If Council approves the fee increase, Staff will begin selling permits for the Community Center and Round Lake parking lots on August 14. Butcher said she had only received one letter from a student saying the cost was too high. However, Butcher could see no reason not to continue the program for another year. Tyra-Lukens said she received several letters. In one letter, the point was made that police should be covering the area when school lets out, to increase safety during morning and afternoon rush hours. Case said he occasionally hears about the speed and driving habits of people that are going down Valley View Road. He asked that a police car be present when school gets out each day. He suggested having a reduced rate for 2-to 4-person car pools. MOTION: Butcher moved, seconded by Case, to approve the request to continue the parking permit program for weekday, daytime use of the CITY COUNCIL MINUTES June 20,2000 Page 13 Community Center and Round Lake parking lots from 7:00 a.m. to 4:00 p.m., August 25 through June 15, including the following changes to the parking permit policy: • Increase the permit fee from $80.00 to $85.00, to remain consistent with the High School parking rate increase; and • Allow students to purchase a parking permit for a reduced fee of $42.50 if purchased after March 26. Motion carried 4-0. D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR 1. Bond Financing Alternatives for Third Ice Rink Uram said Council received three options in their packets of information, outlining financing terms of 10, 15, and 20 years. The net proceeds are $1,000,000 in each case. The annual debt service is: 10-year bond-- $150,000, or$1.48 million over the 10-year period; 15-year bond-- $115,000, or$1.75 million over the 15-year period; 20-year bond--$100,000, or$2 million over the 20-year period. The interest for 10 years would be 6.22 percent, for 15 years it would be 6.4 percent and for 20 years 6.6 percent,in today's market. The City would be required to covenant that it would fund operations as long as bonds were outstanding. The bonds are not secured by general property taxes. Enger said due to the uncertain nature of the revenue stream over 20 years, the financial advisor and bond consultant recommended the City should reduce its risk by taking the shortest term possible. The conservative estimate that the City would sell 1,500 hours of ice time on a third rink would produce revenue of $197,000 annually; $100,000 for operational expenses and $97,000 to go to principal and debt payment. Staff would ask Council to consider a term of 12 years, which would have an annual debt service between$115,000 and $150,000, or about $30,000 above the $97,000 conservatively estimated for principal and debt payment. If revenues did not cover expenses, after 12 years the City would pay itself back for any annual shortfall. Lambert replied of the $100,000, approximately $80,000 is for operating costs and$20,000 for capital. By shortening the time frame, if the ice rink is paid for after 12 years, all of that revenue could go back into the building. CITY COUNCIL MINUTES June 20, 2000 Page 14 Butcher said, thinking of other costs involved with a third rink, asked if the Zamboni would be able to take care of that third rink or if another one would be needed. Lambert replied the City has two ice resurfacers, and they should be able to handle three rinks. However, there would be other costs associated with a third rink. Mayor Harris thanked Staff for getting this information to Council in a timely fashion. E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION Mayor Harris said Council Foram is held the first and third Tuesdays of the month from 6:30 to 6:55 p.m. in Heritage Room II. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important, if you wish to visit with the City Council and Service Area Directors at this time, that you notify the City Manager's office by noon of the meeting date with your request. XV. ADJOURNMENT MOTION: Butcher moved to adjourn the meeting. Mayor Harris adjourned the meeting at 9:05 p.m.