Loading...
City Council - 08/15/2006 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,AUGUST 15, 2006 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, Ron Case, and Philip Young CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS Tyra-Lukens thanked the police and fire departments for coordinating a food drive during National Night Out. Over 4,000 pounds of food plus cash donations were collected for PROP. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Young moved, seconded by Butcher, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 1, 2006 MOTION: Aho moved, seconded by Young, to approve the City Council minutes as published. Motion carried 4-0-1 with Tyra-Lukens abstaining. VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL MINUTES August 15, 2006 Page 2 B. BROOKVIEW RIDGE by David and Patricia Smith. Second Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R-22 on 4.56 acres. Location: 9780 Brookview Circle. (Ordinance No. 20-2006 for PUD-14-2006 District Review with waivers and Zoning District Change) C. APPROVE SECOND READING OF ORDINANCE NO. 21-2006 AMENDING SECTION 9.07 OF THE CITY CODE, RELATING TO DANGEROUS DOGS AND ADOPT RESOLUTION NO. 2006-97 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2006-98 AUTHORIZING ISSUANCE OF $1,080,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2006C E. ADOPT RESOLUTION NO. 2006-99 APPROVING PROFESSIONAL AND TECHNICAL SERVICES CONTRACT AGREEMENT WITH THE STATE OF MINNESOTA AND ALBECK GERKEN, INC., FOR EDEN PRAIRIE SIGNAL OPTIMIZATION PROJECT, I.C. 06-5666 F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR CONSTRUCTION STAGE SERVICES OF HILLTOP ROAD IMPROVEMENT PROJECT, I.C. 05-5642 G. APPROVE BID FROM TRAILSOURCE LLC FOR CONSTRUCTION OF THE RILEY CREEK NATURE TRAIL H. APPROVE BID FROM QUIRING CONSTRUCTION FOR CONSTRUCTION OF THE EDENBROOK TRAILHEAD AND PARKING LOT IN EDENBROOK CONSERVATION AREA I. ADOPT RESOLUTION NO. 2006-100 APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE 2006 PRIMARY AND GENERAL ELECTIONS J. AWARD BID FOR COMPACT UTILITY LOADER AND ATTACHMENTS TO SCHARBER AND SONS K. PURCHASE OF AIRPORT CRASH RESCUE TRUCK FROM MINNEAPOLIS AIRPORT FIRE DEPARTMENT L. APPROVE TEMPORARY RIGHT OF ENTRY AND UTILITY EASEMENT AGREEMENT WITH MAC MOTION: Young moved, seconded by Case, to approve Items A-L on the Consent Calendar. Motion carried 5-0. CITY COUNCIL MINUTES August 15, 2006 Page 3 VIII. PUBLIC HEARINGS/MEETINGS A. THREE RIVERS OFF LEASH DOG PARK by Three Rivers Park District. Request for: Off leash dog park. Location: Bryant Lake Regional Park. Rosow clarified this is not a public hearing, since this is a County project. The City's ability to intervene in the project is limited. Three Rivers Park District staff presented an overview of the plan. The dog park would consist of 9.3 acres (out of 170 in the park) surrounded by a five-foot farm field style fence, with wooden posts and galvanized metal stays and a double- gated entry. A separate fenced pond area would allow dogs to swim. A small latrine building,picnic tables, trash cans, dog mitt dispenser, and 24-car parking lot would complete the project. Parking lot access would be via an existing secondary access road to the International School. Three Rivers has four current dog parks at Elm Creek, Cleary Lake, Crow- Hassan, and Lake Sarah, most in the 40-acre range. Users must display an annual permit($30) to use the dog parks. All parks are regularly maintained and ordinances are enforced by public safety. Due to the popularity of the parks, Three Rivers is adding three additional 10 to 30-acre parks at French, Carver, and Bryant Lake. The site within Bryant Lake was chosen as the best to promote natural resource management. Aho asked about landscape screening for the fence and parking area. Three Rivers staff said they would present a plan to City Staff but had not yet done so. Native vegetation is typically used, and Three Rivers tends to do more than the City requires, as it did with the park entrance. Case asked if neighbors could have input into screening, and Three Rivers staff said yes. However, steep slopes will limit the size of plantings as well as their screening ability, and safety concerns prohibit over-screening. Aho asked if using the main entrance were an option. Parks staff said the former route from the main lot is now a trail and has steep slopes. Users would need to walk 1/2 mile from the parking. The current plan uses existing roadbed for access to minimize grading. Aho asked about usage estimates and patterns. Three Rivers staff said peak usage occurs after work hours. The 24-car lot was chosen based on the maximum usage at the most heavily used dog park, Elm Creek, which has a 22-car-per-hour maximum. The dog parks draw regionally as well as locally, so there is some traffic. The daily maximum would be about 100 cars per day. Young asked what authority the City has to deny or alter the project. Rosow said in cases where two different governmental entities are regulating each other, the court applies a standard of balancing the interests. In this case the Parks District's interest in establishing parks on their own property would likely prevail. In CITY COUNCIL MINUTES August 15, 2006 Page 4 regard to aesthetics such as screening, the City might prevail. History suggests the Parks District will take such suggestions in good faith and work with the City for an agreeable solution. Neal said the City's authority would be limited to setbacks, dimensions,physical attributes, and similar matters and noted both the Parks Commission and the Planning Commission have already reviewed the project. Franzen reported the Planning Commission public hearing resulted in a 7-0 approval, subject to storm water management and screening plans. The fence falls within City ordinance of six-foot maximum height. Lambert said the Parks Commission approved the project 7-1, with the dissenter saying residents should have had more notice. Eden Prairie's one-acre dog park near Best Buy, its new 5.5-acre park in Staring Lake Park, and its summer hockey rink dog parks were supported by a 1600-signature petition and are all heavily used. A new dog park at Bryant Lake would relieve some of the pressure on Eden Prairie's system and help prevent the dog parks from being overused. Karen Popovich of 6661 Cherokee Trail said she had no notice of the project until a resident canvassed the neighborhood three days ago. She opposed the dog park, saying 19 of her 25 neighbors are opposed. The neighborhood has already had to deal with increased traffic due to the disc golf course and other park improvements. The speed limit is rarely followed and safety is an issue. If the dog park must be built, the current placement and access are favored to help distribute traffic. There should be screening from Rowland Road and speed limits should be enforced. Joy Shakin of Raspberry Hill Road presented a 30-signature petition against the dog park. Another dog park is only 1.5 miles away. There was not enough resident input. If the dog park goes through, the current plan should not be modified. Landscaping should be added as was done with the main park entrance to reduce visual pollution. Dan Enebo of 6301 Rowland Road said neighbors to the east of the park would be most impacted regardless of where the entrance is located. The topography makes driving dangerous. There is no passing lane and traffic is fast, making it difficult to enter and exit. Trees will do little to screen the project as neighbors look down from above. The dog park should be moved to a southern site where there is pre-existing forest cover for screening, and where the main entrance and bathrooms could be used. If the dog park stays in its current site, it should have a crushed stone parking lot instead of asphalt for aesthetic reasons, or use the main entrance for access. Enebo disputed the 1/2 mile figure, saying if a new gate is added, the walk is only 225 yards. Kathy Levine of 12213 Orchard Hill said the road near her home is very steep and there have been accidents. Ms. LaScoret of 11612 Raspberry Hill Road said her son bikes to the International School and is concerned about traffic. CITY COUNCIL MINUTES August 15, 2006 Page 5 Cheryl Hoos of 12623 Sunnybrook Dr. supported the dog park, saying she drives 35 miles to Cleary Lake about four times a week. All the City's hockey rink dog areas are closed five months a year, and a one-acre park is not really adequate. Larger parks are quieter because dogs have more space, and there seems to be new construction near the other dog parks, indicating they are not a nuisance. The Three Rivers project will have no tax impact on residents. Ms. Bassett of 11611 Raspberry Hill Road said her dog-owning neighbors agreed they would rather drive to a dog park than have one in the neighborhood. A resident from 6295 Chasewood Drive said traffic on Rowland Road would increase regardless of where the entrance is placed. A traffic impact study should be done. Tom Popovich of 6661 Cherokee Trail said a 225-yard walk would exclude disabled persons such as himself from using the dog park. Case asked if accessibility were an issue prompting pavement instead of crushed limestone. Three Rivers staff said crushed limestone is considered an accessible surface. Popovich said although his land abuts the park, he was never notified of any meetings. Tyra-Lukens asked about the notification process. Three Rivers staff said they are not required to do notifications,but the City puts out notifications for its public hearings. Three Rivers did have a meeting with neighbors to respond to their concerns. Case noted the City generally notifies residents within 500 feet of a project,but this is sometimes adjusted to meet conditions. Perhaps more notification was needed in this case. Case said he had visited about 150 homes in the neighborhood to seek input, spoken to about 30 or 40 people, and found residents opposed the park about 60% to 40%. However, the City's power to act is limited. Case suggested requiring a screening plan with input from neighbors to the north and requiring a storm water runoff plan to protect lake water quality. The City could also look at traffic safety on Rowland Road and consider whether adding a stop sign, removing vegetation from speed limit signs, adding a turn lane to make the hill safer, or stepping up police enforcement might make the road safer. Tyra-Lukens asked whether a traffic study had been done, and both Three Rivers staff and City Staff said no. Tyra-Lukens asked whether traffic counts on Rowland Road are currently at a maximum. Dietz said no. Traffic counts are in the City records. He estimated the road handles 1500—2000 trips per day and has more capacity beyond that, so 100 additional cars is not a big increase. Case asked if a stop sign could be used to slow traffic. Dietz said stop signs are typically not used for that purpose,but to clarify who has the right of way. Butcher asked for a clearer explanation of how the City notified neighbors, and how the City might ensure residents have input on the landscaping and storm water runoff plans. CITY COUNCIL MINUTES August 15, 2006 Page 6 Regarding notification, Franzen said the City exceeded the normal notification by taking the house farthest from the northern end of the dog park (about 800—1200 feet away), and then mirroring that on the south. A map of the notification area is in the packet. Butcher asked why Cherokee Trail was not included, and why only half of Raspberry Hill was. Franzen said the City notified residents within 1000 feet of the dog park, not of the Bryant Lake Park boundary. Aho said the neighborhood is a compact area and it would not have posed an undue burden to notify more widely. Butcher said a whole street should be notified rather than creating an artificial boundary. It creates bad feeling if some neighbors on a street receive notice and others do not. Regarding collecting neighborhood input on landscaping and runoff plans, Three Rivers staff said they would prefer to work with City Staff to present a plan, and let City Staff collect whatever neighborhood input they wish. Franzen said City Staff could work with the neighbors. Aho asked if evergreens could be used for year-round coverage. Three Rivers staff said they could be, but their preference is for red cedars, which are native vegetation. The park's position at the bottom of a bowl limits the effect of screening. Tyra-Lukens clarified the Council does not have the power to deny this use of the land, but can make suggestions about screening, runoff plans and parking. Case asked about the advantages and disadvantages of asphalt vs. crushed rock parking, including the ability to use a NURP pond for runoff. Three Rivers said the nearby pond was not designed as a NURP pond but could be used for that purpose. Three Rivers selected gravel because the area has natural vegetation and felt it would be a better choice for water quality. The City,however,required a paved lot with a curving gutter and infiltration system. Dietz said asphalt lots are the City standard, chiefly for convenience. Even a class 5 gravel lot will have some runoff so an infiltration system would be desirable in any case. MOTION: Butcher moved, seconded by Aho, to approve the revision of the Bryant Lake Regional Park plan to include an off-leash dog park, and a parking area to accommodate that use, as proposed by the Three Rivers Park District; to include neighbor input on the landscaping plan; and to direct Staff to work with Three Rivers on the drainage plan. Motion carried 5-0. A resident asked how neighbors would be notified about any changes to the entrance location. Dietz said the plan was just approved and would not change. The resident asked if a traffic study would be done regarding the entrance, calling it a legitimate safety issue. Case said the issue of Rowland Road safety was separate and should be addressed by Staff. Dietz said Staff would look at the site entrance,but said if distances from other streets were a safety problem, the issue would have already been flagged. MOTION: Butcher moved, seconded by Case, to amend the motion to read: "to approve the revision of the Bryant Lake Regional Park plan to include an off-leash CITY COUNCIL MINUTES August 15, 2006 Page 7 dog park, and a parking area to accommodate that use, as proposed by the Three Rivers Park District; to include neighbor input on the landscaping plan, to direct Staff to work with Three Rivers on the drainage plan, and to direct Staff to review traffic safety at the entrance." Motion carried 5-0. The resident asked Council to also direct Staff to make the parking lot crushed rock. Since houses overlook the site from above, asphalt will be a visual blemish, and Three Rivers also prefers rock. Butcher noted asphalt is the City standard, and Tyra- Lukens said the community has made it clear asphalt is preferred for convenience. Case said asphalt would capture salt and runoff better as well. Council declined the request. B. KLUGE RESIDENCE by Richard and Kelsey Kluge. Request for: Zoning District Change from Rural to R1-22 on 1.98 acres. Location: 7260 Willow Creek Road. (Ordinance for Zoning District Change) Neal stated this is a rezoning of a single-family lot from Rural to R1-22. The owners would like to rebuild on the site. The zoning for this site does not allow new construction on a Rural lot with less than 10 acres. The proposed house pad meets the zoning requirements for the proposed R1-22 Zoning District, which is consistent with adjacent zoning. The cottage structure was reviewed for historic significance. The structure is not identified on any historic inventory. The structure should be photo documented. The Planning Commission voted 6-0 to recommend approval of the project to the City Council at the July 10, 2006 meeting. MOTION: Case moved, seconded by Butcher, to close the Public Hearing; approve 1 st Reading of the Ordinance for Zoning District Change from Rural to R1-22 on 1.98 acres; and direct staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. C. SOUTHWEST METRO TRANSIT BUS GARAGE ADDITION by Southwest Metro Transit Commission. Request for: Planned Unit Development Concept Review on 10.1 acres, Planned Unit Development District Review with waivers on 10.1 acres, Zoning District Amendment within the I-2 Zoning District on 10.1 acres and Site Plan Review on 10.1 acres. Location: 14405 62nd Street West. (Resolution No. 2006-101 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Neal said Southwest Metro has revised the plans by making the detached building attached to the existing facility. The revised plan conforms to the setbacks and parking requirements of the I-2 Zoning District. The exiting building is 83,400 square feet. The building addition is 14,500 square feet and will be used for additional bus storage. CITY COUNCIL MINUTES August 15, 2006 Page 8 The portion of the site within the shoreland area contains 42.2% impervious surface area. The existing facility was constructed prior to the impervious surface limitation of 30% and will require a waiver. A portion of the proposed NURP pond will be constructed in a shore impact zone requiring a waiver. The waivers may have merit since the impervious surface percentage is a pre-existing condition, and the NURP pond helps improves water quality. Franzen said the Planning Commission voted 7-0 to recommend approval of the revised plan at the August 14, 2006 meeting. MOTION: Aho moved, seconded by Young, to close the Public Hearing; adopt Resolution No. 2006-101 for Planned Unit Development Concept Review on 10.01 acres; approve 1 st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the I-2 Zoning District on 10.01 acres; and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0. D. AMENDMENT TO CHAPTER 2 AND 3 OF THE GUIDE PLAN DESIGNATING A TOWN CENTER(Resolution No. 2006-102 for Comprehensive Guide Plan Amendment) Franzen said there are two reasons to amend the guide plan now rather than waiting for the complete review—to apply for a Livable Communities grant, and to show a strong commitment to the Town Center concept, which is generating substantial interest from developers. The Planning Commission voted 7-0 to recommend approval of the amendment to the Comprehensive Guide Plan at the July 24, 2006 meeting. MOTION: Butcher moved, seconded by Case, to close the Public Hearing and adopt Resolution No. 2006-102 for amending the Comprehensive Plan. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Young moved, seconded by Case, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, Young and Tyra-Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS A. REQUEST TO APPEAL ORDER FOR ABATEMENT OF TALL GRASS AND WEEDS CITY COUNCIL MINUTES August 15, 2006 Page 9 Neal recommended the Council postpone action on the motion in order to view the site. Council directed Staff to set two alternative times during the last week in August. Resident Roger Maunders of 16850 Duck Lake Trail presented photos of his property, stating it is native prairie planting, that other homes in the area also have prairie plantings, and that City environmental staff have looked at the project. MOTION: Aho moved, seconded by Butcher, to table action on the appeal filed by K. Dawn Anson and Roger Maunders, pursuant to Chapter 2 of the Eden Prairie City Code, to the September 5, 2005 City Council meeting. Motion carried 5-0. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. City of Minnetonka's 50th Anniversary (Resolution No. 2006-103) The resolution is intended as an expression of friendship and support from City officials in Eden Prairie to colleagues in Minnetonka. MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2006-103 congratulating the City of Minnetonka on their 501h year as an incorporated city. Motion carried 5-0. B. REPORT OF CITY MANAGER 1. Den Road Liquor Store A major update of the Den Road Liquor Store has been postponed until January. 2. New Assistant Fire Chief Steve Coring has been hired to fill the new position of Assistant Fire Chief. 3. Community Center Staff Offices Removed from Plan After review, Staff has decided not to include additional office space for Parks staff at the community center. Instead, a defined Community Center Manager position has been created, using the current head count. CITY COUNCIL MINUTES August 15, 2006 Page 10 4. Hennepin South Services Collaborative Neal will serve as Vice Chair. 5. Southwest Metro Public Safety Facility The facility is undertaking strategic planning to ensure it remains an excellent training facility for public safety staff. 6. Minutes Standards Neal said the Council had examples of both traditional and abbreviated minutes and could take whatever action it desired. Tyra-Lukens said she found the abbreviated minutes too brief and that attribution is important. Young concurred. Attribution reflects the deliberation and thought process of the Council as a body. Amendments to the minutes have worked fine to correct errors. Case agreed it is important to show where individuals stand. Casual comments or irrelevant remarks should be omitted, however. Aho agreed recording who said what is helpful to recall and review the meeting, and provides the public with the most open process. Butcher agreed. The minutes should not be verbatim or colloquial, but capture the essence. Everyone should be paraphrased equally. Tyra-Lukens directed Staff to keep the minutes in the traditional form. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Veterans Memorial Concept Plan Lambert noted the Council had approved a citizens committee to choose a site and design for a veterans memorial, and approved hiring a planner to assist them. After six months' work, the design has been completed and approved by both the Parks and Recreation Commission and the Arts and Culture Commission. Citizens' committee representative John Mallo, of 14000 Forest Hills Road, explained the process. The committee included about 20 diverse members, including veterans from World War II, Vietnam, and Iraq, and their wives, mothers, and daughters. The group went through a process to consider what it meant by "veteran" and "service" and to develop ideas for the memorial. After reviewing the consultant's proposals, 100% of the committee agreed Purgatory Creek would be the best site, and 100% agreed the chosen design was the best one. CITY COUNCIL MINUTES August 15, 2006 Page 11 The consultant presented the plan. The site would be south and west of the pavilion. One section of the memorial would honor the six service branches, with a place for a sculpture in the center. This format allows the memorial to honor past, present, and future veterans. The other section would center on a second sculpture and honor the ideals of peace, democracy and freedom. The entire site would have a garden feel where people could linger. Total cost would be $200,000 for the landscaping and paving, and an additional $100,000 for sculpture ($50,000 for each). Tyra-Lukens praised the plan and asked Lambert to clarify the funding. Lambert said the Council is being asked to approve the design and preserve the spot until the committee has raised $300,000 in donations for the project. The committee will work with the Eden Prairie Foundation to hold the funds. Case asked if the City could help facilitate donations. Neal said it would be better to work through the Foundation,but the City will accommodate the Foundation as it normally does, perhaps providing a mailbox, for example. Young noted using the Foundation makes donations tax-deductible. MOTION: Case moved, seconded by Young, to approve the concept plan recommended by the Veterans Memorial Committee and preserve the portion of the Purgatory Creek Recreation Area planned for the Veterans Memorial until sufficient funds are raised to construct the project. Motion carried 5-0. 2. County Road 4 Bike Trail Plans Lambert said Council is being asked to approve a change in the plan for the trail. The referendum provided $2 million for trails, and the hope was to use $1 million to finish this section of trail. However, the estimate on the concept plan that included trails on both sides of County Road 4 was $2 million, so an alternative plan is recommended. Two sections, the railroad bridge and a south side retaining wall, generated much of the cost. The new plan proposes to eliminate the trail on that portion by adding a crosswalk at Duck Lake Trail, where there are good sight lines. A flasher could be added if the County approves. Lambert said the plan is not what he would like,but$2 million is just too expensive. If Council approves the plan, the next step is to seek County approval and then talk to neighbors. Lambert anticipated minimal issues as only about one foot of property is impacted outside the right of way. Case noted there are steep slopes on both sides of the road and asked why one side was chosen over the other. Lambert said the choices were made based on the safest spot for a pedestrian crossing. MOTION: Butcher moved, seconded by Case, to approve the completion of final plans and specifications for bid of the bicycle trail plans on the west CITY COUNCIL MINUTES August 15, 2006 Page 12 side of County Road 4 from Mere Drive north to County Road 62 and on the east side of County Road 4 from Baywood Lane to Rainbow Drive, and from Park Terrace Drive north through Birch Island Park to County Road 62. Furthermore, request Hennepin County to approve a pedestrian at-grade crossing at Duck Lake Trail. Motion carried 5-0. 3. Baseball Association Request Rmardins!Park Hours Lambert said the Baseball Association is requesting extending the curfew for lights until 10:30 when necessary for the 2007 and 2008 seasons. The Association will lose a field at the Community Center in 2007 and a field at Staring Lake in 2008, so space is at a premium. If games are called due to the light curfew, the Association will have a difficult time even finishing them the next day. Residents living 2000 feet from the field were notified, and one resident said the light in his windows at night was bothersome. The Parks Commission approved the request. Young noted the memo said a 1000-foot notification was used, and Lambert said the notification went well beyond that, as complete streets were notified—over 600 people. MOTION: Case moved, seconded by Young, to approve the request of the Eden Prairie Baseball Association for the extension of the curfew for lights at Miller#8 baseball field until 10:30 p.m. for the 2007 and 2008 seasons. Motion carried 5-0. 4. Puriatory Creek Recreation Area Boardwalk Plans Lambert said part of the fourth phase for development of the park is a major promenade from the area of the Flagship office building to a pier extending out over the water. This improvement was budgeted at$85,000 in the cash parks fees, with a current estimate of$89,000. If approved, construction of the walk would begin this fall, with the pier construction taking place on winter ice. The architect presented the plan. The eight-foot-wide pier would be about four feet above the water and extend 65 feet from the shore to a 24 by 24 foot deck with picnic tables and bench seating. The structure would be built to accommodate the addition of shade structures later if funds allow. Wood posts and steel cable railings would give an open feel. MOTION: Aho moved, seconded by Young, to approve the plans for the boardwalk design and access path within the Purgatory Creek Recreation Area. Motion carried 5-0. 5. Senior Center Advisory Council Request for Irrigation of Pioneer Park Gardens CITY COUNCIL MINUTES August 15, 2006 Page 13 Lambert noted this request seemed simple,but actually raised many issues as the process collected input from other cities and from gardeners. Providing hoses can create problems, including lack of equal access to the water if people are already hooked up to the hose when gardeners visit their plots and wasted water. At Pioneer Park(behind the Senior Center), the Parks Commission recommends extending the existing system so that there would be push-button, on-demand taps at the west end, middle, and east end. This would shorten the potential walk from 300 feet to 75 feet. If the work is approved, the new system would be available for next summer. The City's other garden site, located on MAC land off Pioneer Trail, presents a different problem. Water is currently hauled to the site, which is quite expensive. The Commission recommends installing piping if MAC will give the City a five-year agreement(the amount of time needed to achieve a payback vs. hauling water). However, the current agreement only gives the City 90 days to vacate the land, and current trends suggest MAC is looking for lease money and may wish to develop the property. The Commission also recommends raising the price of plots from 4 cents per square foot to 9 cents per square foot(7 cents for seniors) to better cover the costs of providing gardens. Young asked if seniors attended the Parks Commission public hearing. Lambert said there were about six in the audience but he did not recall whether they had commented. Young said he had gotten calls from seniors unhappy with the push button spigot. It is important to make sure seniors think the new water is an improvement. Lambert said he had spent a couple of hours in the garden and talked to about six seniors. They seemed to think the spigot idea was reasonable and expressed concerns about hoses tying up the water. Young said the concern seemed to be the mechanics of the button, and Aho wondered if a timed twist handle might be easier to operate. Lambert said the button is easy to push. Case said the five seniors he talked to favored having more water available but wanted to be fiscally responsible as well. Case supported regularly meeting with seniors at the Center as the project develops to make sure it is meeting their needs. MOTION: Case moved, seconded by Butcher, to approve the request for water to be extended at the Pioneer Park garden site to two locations (middle and east end) and that the spigots be push button `demand' style; approve the rental rate for garden plots be raised to 9¢per square foot at both Community Garden locations, and 7¢ per square foot for senior citizens; and direct staff to discuss long term lease options with the Metropolitan Airports Commission prior to installing any water piping at the Pioneer Trail CITY COUNCIL MINUTES August 15, 2006 Page 14 Gardens, and approve installation of water if we can get a five year option. Motion carried 5-0. 6. Birch Island Woods Acquisition (Resolution No. 2006-104) Lambert noted the City Council authorized acquisition of Birch Island Woods,but requested to use that acquisition for LAWCON conversion of the Cummins-Grill historic site. That conversion is still probably a year away because the impacts of the Pioneer Trail project and the national historic site designation complicate the process. However, the City has until September 2007 to utilize the Picha property for LAWCON. The Picha family has already kept the land off the market for three years. Lambert recommended going ahead with the acquisition now for $830,000. Both sides of Picha family still agree to the sale and the price. They are requesting an extension of their time to reinvest the money to three years rather than 45 days. Young asked about this condition and Rosow said this is common in eminent domain situations. It is not for economic development purposes. MOTION: Case moved, seconded by Young, to approve proceeding with the acquisition of the Picha property to complete parcel acquisition for Birch Island Woods; and adopt Resolution No. 2006-104 authorizing the acquisition of certain real property by negotiation or eminent domain proceedings. Motion carried 5-0. 7. Third Rink Fundraising Update Lambert said the Hockey Association's efforts to raise money from businesses have been promising. However, many businesses and civic groups have wanted to make a broader donation to the Community Center as a whole rather than just the third rink. They are interested in naming rights or other recognitions within the entire building. Lambert recommended offering naming rights (for meeting rooms, the child care center, gym, etc.) throughout the facility. It could generate significant funds and also demonstrate community support. Lambert presented a list of prices for the Hockey Association to use. Rosow said he would develop a naming rights agreement. MOTION: Young moved, seconded by Butcher, to authorize providing naming rights to the main rink, the gymnasium and the fitness center for a minimum donation of$100,000; and the naming rights for the Olympic rink, the third rink and the childcare area for a minimum donation of$50,000; and the naming rights to the multi-purpose room for a minimum donation of $25,000; and for all of the other meeting rooms a minimum donation of $10,000; with all donations received going to the third rink fund until the one million dollar commitment is met, and with any excess going to the Community Center funding. Motion carried 5-0. CITY COUNCIL MINUTES August 15, 2006 Page 15 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 9:55 p.m.