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City Council - 06/19/2007 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 19, 2007 7:00 P.M., CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Carol Pelzel I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. NATIONAL DAY OF THE COWBOY PROCLAMATION Mayor Young read a proclamation proclaiming July 28, 2007, to be Day of the Cowboy in the City of Eden Prairie, Minnesota. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho asked to add two items under XIV. REPORTS OF COUNCIL MEMBERS. MOTION: Aho moved, seconded by Nelson, to approve the agenda as published and amended. Motion carried, 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 5, 2007 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the Council Workshop held Tuesday, June 5, 2007, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 5, 2007 MOTION: Nelson moved, seconded by Butcher, to approve the minutes of the City Council meeting held Tuesday, June 5, 2007, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARD & COMMISSIONS CITY COUNCIL MINUTES June 19, 2007 Page 2 A. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Geri Napuck, Vice-Chair of the Parks, Recreation and Natural Resources Commission, presented an overview of the work done by the Commission in its advisory capacity to the City Council. She reviewed the work they have done with nature trails,parks and the new Community Center. The Commission also played a role in crafting an ordinance in regulating park usage. Napuck said the Commission worked with the Veteran's Memorial Committee and with partnerships including the School District, Three-Rivers Park District and Friendship Ventures. Napuck reviewed with the Council future projects the Commission will be working on including the creation of Cedar Hills Park, trail expansions, expansion of Flying Cloud fields and the finalization of the construction of the Community Center. Butcher expressed her appreciation to the Commission for all of the work they have done. The Parks are one of the great gems in the City and she knows the Commission works hard to keep it that way. Young said that on behalf of the Council he too would like to express his appreciation for the work the Commission has done. VIII. CONSENT CALENDAR A. AWARD CONTRACT FOR TECHNOLOGY DRIVE STREETSCAPE/ LANDSCAPE PROJECT, I.C. 07-5691 Duckstad said that since they are spending $280,000 for this project,he would like an explanation of what the project is. Eugene Dietz, Public Works Director, explained that this item had been addressed at the last City Council meeting. The project is to add the final landscaping details to Technology Drive. Funds for this project are available from a combination of sources including $130,000 through the ADC Special Assessment project, $150,000 from the Capital Improvement Program and $40,000 from the water surcharge fund. B. APPROVE ANNUAL REPORT FOR PHASE II NPDES STORM WATER PERMIT PROGRAM, I.C. 02-5585 C. APPROVE ADDITIONAL CONSTRUCTION INSPECTION BUDGET FOR SRF CONSULTING GROUP INC. FOR TH 212/CHARLSON ROAD IMPROVEMENT PROJECT, I.C. 05-5638 D. APPROVE CHANGE ORDER NO. 2 FOR TH 212/CHARLSON ROAD IMPROVEMENT PROJECT, I.C. 05-5638 E. APPROVE CHANGE ORDER NO. 1 FOR LONE OAK CENTER TRAFFIC SIGNAL PROJECT, I.C. 06-5675 F. APPROVE ADDITIONAL DESIGN PHASE SERVICES FOR SEH INC. FOR VALLEY VIEW ROAD RECONSTRUCTION PROJECT, I.C. 02-5586 CITY COUNCIL MINUTES June 19, 2007 Page 3 G. AWARD 2007 CITY CENTER ASPHALT PARKING LOT REPLACEMENT CONTRACT TO MINNESOTA ROADWAYS CO. H. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR PIONEER TRAIL STORM SEWER IMPROVEMENTS, I.C. 07-5694 I. ADOPT RESOLUTION NO. 2007-71 APPROVING CONTRACT WITH THE STATE OF MINNESOTA FOR THE INSTITUTION COMMUNITY WORK CREW J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING TO PREPARE A TOWN CENTER STREETSCAPE MASTER PLAN In response to a question from Duckstad, Janet Jeremiah, Community Development Director, explained that this agreement would be for the Town Center streetscape master plan. Staff is moving forward with the Town Center Phase I Redevelopment Plan at the southwest corner of Flying Cloud Drive and Singletree Lane. Funds for this project will be utilized from the sale of the old police station. Duckstad asked if there are any services City staff can provide to reduce this cost. Jeremiah answered that City staff is involved in this project and they have reduced the cost as much as possible. They need professional designers to work on this project since they have the knowledge and expertise for this specific construction project. Staff has looked at minimizing the cost of the consultant as much as possible. Young asked if this would be the only time they would hire a consultant for streetscape services for Town Center. Jeremiah responded that that is Staff's intent. If they feel one model street is not enough, they may in several years decide to make some change to the design. K. CONSENT TO ASSIGNMENT AND ASSUMPTION OF REGULATORY AGREEMENT FOR THE PARKWAY APARTMENTS L. ACCEPT THE PROPOSAL FROM E.F. JOHNSON FOR REPLACEMENT RADIOS UNDER THE SPRINT/NEXTEL RE-BANDING AGREEMENT MOTION: Aho moved, seconded by Butcher, to approve items A-L of the Consent Calendar. Motion carried, 5-0. IX. PUBLIC HEARINGS/MEETINGS A. LARIAT CENTER III ADDITION Request for: Planned Unit Development Concept Review on 3.96 acres, Planned Unit Development District Review on 3.96 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 3.96 acres and Site Plan Review on 3.96 acres. Location: Prairie Center Drive & Crystal View CITY COUNCIL MINUTES June 19, 2007 Page 4 Road. (Resolution No. 2007-72 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment) City Manager Neal reported that official notice of this public hearing was published in the June 7, 2007, Eden Prairie Sun Current and sent to 34 property owners. The site plan shows a 12,400 square foot building addition for restaurant and retail. The plan meets all requirements for commercial zoning with the exception of a zero lot line waiver to allow a connection between buildings. The 120-day review period expires on September 15, 2007. The Planning Commission voted 5-0 to recommend approval of the project at the May 22, 2007 meeting including the waiver for zero lot line setback. There were no comments from the applicant or from the audience. MOTION: Duckstad moved, seconded by Aho, to close the public hearing; adopt Resolution No. 2007-72 for Planned Unit Development Concept Review on 3.96 acres; approve first reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Commercial Regional Service Zoning District on 3.96 acres; and, to direct staff to prepare a Development Agreement incorporating staff and Board recommendations and Council conditions. Motion carried 5-0. B. WILSON RIDGE OFFICE BUILDING Request for: Planned Unit Development Concept Review on 6.89 acres, Planned Unit Development District Review on 6.89 acres, Zoning District Amendment in the Office Zoning District on 6.89 acres, Site Plan Review on 6.89 acres and Preliminary Plat on 6.89 acres into one lot. Location: 7480 Flying Cloud Drive. (Resolution No. 2007-73 for Planned Unit Development Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution No. 2007-74 for Preliminary Plat) Neal said official notice of this public hearing was published in the June 7, 2007, Eden Prairie Sun Current and sent to nine property owners. This project is a three-story 107,000 square foot office building. The plan meets the required building setbacks, parking setbacks, base area and floor area requirements for office zoning. The project requires waivers from the City Code for building height, exterior materials, shoreland and sign size. The 120-day review period expires on September 8, 2007. The Planning Commission voted 5-0 to recommend approval of the project at the May 22, 2007 meeting including the waivers for building height, exterior materials, shoreland and size, and subject to the following items to be completed prior to review by the City Council: A. Revise the landscape plan to meet the tree replacement requirement. B. Revise sign locations to meet the required 20-foot setback. C. Provide sight line information for the new driveway. D. The driveway width should be widened to 40-feet to accommodate two outbound lanes. The driveway should also be realigned so that it intersects Flying Cloud Drive at a 90-degree angle. E. Revise the plan to provide treatment for the proof of parking areas as impervious surface. CITY COUNCIL MINUTES June 19, 2007 Page 5 The plans have been revised to meet the recommendations of the Planning Commission. Nancy Arieta, 10785 Valley View Road, #207, said she wanted to bring to the Council's attention some of her concerns with this proposed project. One of her main concerns is with traffic. She has heard nothing about lights, signs or traffic control for this area. Also, the notice published in the paper had the incorrect date for this hearing and it was her understanding that the notice had to be republished. Arieta questioned how tall the building is going to be and asked if it will tower and darken the windows on the north side of their building along Valley View. She also questioned how far this building will be setback from Flying Cloud Drive. Arieta had some concerns with the height of the building and the possibility of wind tunnels being created. She pointed out that there are lots of empty buildings in the Golden Triangle and she questioned why they would not use those facilities rather than redo something else. There appears to be a lot of things moving into the Golden Triangle that have questionable uses. She is concerned with a trucking business on Shady Oak Road and Valley View where there appears to be a lot of traffic and unusual activities. Arieta said she would like the City to keep its residents informed as to what their considerations are for the Golden Triangle and if they continue to put in more uses she questioned what would happen to the unused sites. Jeremiah explained that the proposed building is a three-story building with a lower level. There should not be any shading issues to the neighboring apartment building. The proposed building is relatively close to Valley View Road with parking located behind it and will present a nice image from the street. Dietz said with regard to traffic, there are a lot of changes anticipated for the Golden Triangle area. The Realife project was the first in that Triangle which was initially to be industrial. The Study talks about integration of additional residential properties and retail and the intent is for this area to be more of a walkables area with the ultimate plan reducing the level of traffic congestion. Dietz explained that there is a proposal to build a Washington Avenue bridge to provide relief to Valley View Road. He further explained that right now there is no warrant for a traffic signal at this intersection but staff will continue to monitor it. Jeremiah pointed out that vacancies in the Golden Triangle are filling and there is an active proposal for reuse of the Best Buy Headquarters building. It is difficult to get users for these large facilities but they are seeing a need for additional office space in the City. Neal presented a copy of the Eden Prairie Sun Current, the City's official newspaper, showing that the notice did have the correct hearing date published. MOTION: Aho moved, seconded by Butcher, to close the public hearing; adopt Resolution No. 2007-73 for Planned Unit Development Concept Review on 6.89 acres; approve the first reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Office Zoning District on 6.89 acres; adopt Resolution No. 2007-74 for preliminary plat on 6.89 acres into one lot; direct staff to prepare a Development Agreement incorporating staff and Board recommendations and Council conditions, and approve and authorize issuance of a grading permit for Wilson CITY COUNCIL MINUTES June 19, 2007 Page 6 Ridge, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated June 19, 2007, as approved by the City Council. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, 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 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. COMMUNITY ADVISORY COMMITTEE FOR THE SOUTHWEST TRANSITWAY, I.C. 07-5702 Neal explained that the Hennepin County Regional Railroad Authority (HCRRA) is forming a Community Advisory Committee (CAC) to participate in and provide community feedback during the Southwest Transitway Draft Environmental Impact Statement(DEIS). The HCRRA is requesting the City designate six members to the Community Advisory Committee. Neal indicated that two people from service areas have indicated an interest in serving on this Committee. The interested individuals are Denny Spalla with United Health Group and Rick Wiglund with Liberty Property Trust for the Golden Triangle Area Business Representative. Council Member Nelson has also indicated an interest in serving on this Committee. Young said there appears to be six openings and they only have three people to fill those openings. He questioned the process to date and asked how staff was reaching out to find people in each of the areas. Neal responded that they have sent out letters and talked directly with people they feel are stakeholders. They have not had much luck with some of the other areas and staff will continue to look for representatives for those other areas. Jeremiah explained that the request for appointment of members to the CAC came up rather quickly. They would like to get this group together as quickly as possible so they can be up to speed and ready to go as they begin the DEIS process. She indicated that if the Council is comfortable, it would be helpful if they were to make appointments tonight and to add to the committee as names become available. In response to a question from Young, Jeremiah explained that the Council Member appointment would fill the at-large position. Also, staff has not yet asked anyone from the Planning Commission to serve on this Committee. Staff first wanted to receive the Council's input prior to asking for people to serve on the Committee. The first meeting of this Committee is scheduled for July 25. CITY COUNCIL MINUTES June 19, 2007 Page 7 Young said he would prefer to make all of the appointments at one time. Duckstad said he was not ready to make appointments until they had a sufficient number of people to make a proper and fully informed decision. He would like to wait until they have enough people so that they can pick people they feel are most qualified. MOTION: Duckstad moved, seconded by Butcher, to table appointments to the Community Advisory Committee for the Southwest Transitway until July 17. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Flying Cloud Airport Resolution (Sherry Butcher) Butcher said she would like to discuss the draft resolution for Flying Cloud Airport that was submitted at the Council's June 11 workshop for consideration. She explained that in 2002 when the Final Agreement was approved, it was not even considered that future Council's would support the runway expansion when it was clear in the Agreement that the City would not oppose the expansion. When discussing this resolution at the workshop, it was clear that some members of the Council had discomfort with the resolution. Butcher stated that she would like to make a motion giving her original intent. MOTION: Butcher moved, seconded by Nelson, to have the Eden Prairie City Council recognize and reaffirm the 2002 Final Agreement which created a neutral stance on airport expansion by withdrawing the City's opposition to the expansion of the airport and to affirm and support in all its terms and conditions the 2002 Final Agreement and the Memorandum of Understanding. Aho said he does understand the level of discussion regarding the City Council's position on the airport and potential expansion. They do have a Memorandum of Understanding (MOU) and they have a 2002 Agreement with MAC and everyone on the Council has publicly supported the agreement and MOU. Aho explained that they are not doing anything as a City to make any changes to that Agreement. The City would like to see the airport improved in terms of the look and feel of some of the hangars. They would also like to see City water and sewer extended to the airport. Aho said to put forward a resolution that states that they are going to follow what they have committed to do serves no purpose nor does it help anything. He said he feels that a resolution would only open up the opportunity to have further interpretation of what the resolution is and jeopardizes the Agreement already in place. Aho said he is not in favor of passing any resolutions regarding the airport at this time. Young explained that Butcher is not proposing that the Council adopt a resolution. She has made a motion reaffirming their support of the 2002 Agreement. CITY COUNCIL MINUTES June 19, 2007 Page 8 Duckstad said he feels that the comments and concerns of the Zero Expansion Group are important and that it is important that they have whatever forums they need to advance their thoughts and concerns. The Zero Expansion Group did present a resolution and after review of that resolution by the City Attorney, it was decided that it would not be a good idea to adopt that resolution in light of the fact that the City does have an existing contract with MAC. Duckstad said he believes that since the City Attorney advised them against the Zero Expansion resolution they should also oppose the Chamber resolution. Duckstad indicated that he is opposed to any formal action and they should leave it as is because the City's intent is clear. Nelson said this is a very simple motion where they are reaffirming the 2002 Agreement and it does point out to the public that the Council intends to maintain a neutral stand. Nelson said she feels there have been enough questions from the public that the Council needs to say something as a body and she does not see any problem with stating a simple motion to that effect. They are not editing or subtracting anything from the 2002 Agreement but it is simply something to help the public understand the City's intentions. Aho said his original understanding was that they were considering a resolution and not a motion. He indicated that he does not have any opposition to the motion but would be opposed to a resolution. Aho stated he would support the motion. Young said he agrees that they should not adopt a resolution. A resolution would run the risk of bringing additional ambiguity and could be preconceived as a competing resolution. Young said he also feels it would not be appropriate to adopt the Chamber's resolution. He has no problem with Butcher's motion and would support it. Young stated that it is his opinion that it is not the job of the City to be a cheerleader for the expansion and it is not their job to encourage its acceleration. Also, it is not their job to lobby the Federal government for expansion or to finance the expansion. The Council needs to spend more time on other things and concerns in the City and MAC can take care of the airport. Duckstad asked the City Attorney what the legal affect would be of this motion and the language used in light of the now existing contract between the City and MAC. City Attorney Rosow said that the motion as stated reaffirms the Final Agreement and Memorandum of Understanding where the resolution originally presented rejected the Agreement and made changes to it. Rosow said he is not comfortable with doing anything contrary to either of those documents and has no problem with the motion. Duckstad said if that is the case,he would support the motion. Vote was called on the motion with all members voting aye. The motion carried 5-0. 2. Round Lake (Brad Aho) CITY COUNCIL MINUTES June 19, 2007 Page 9 Aho explained that one of his goals when he was elected to the City Council was to reopen Round Lake. This did occur on June 9. He complimented City staff for working to make the lake ecologically sound and to the Parks and Recreation Commission for the work they did on this project. Staff did a fantastic job of not only getting the job done but making the water clear through a variety of methods. They also did a wonderful job of redesigning the beach with umbrellas. Aho expressed his appreciation to the City staff that made this happen. B. REPORT OF CITY MANAGER 1. Sesquicentennial Citizen Planning Committee Neal reported that there has been some interest from the Heritage Preservation Commission to establish a Sesquicentennial Citizen Planning Committee for next year's 150"' anniversary of founding the state. Neal said when staff has additional information they will bring it forward for formal appointments. 2. Submittal of Project for 2008 State Bonding Bill Neal reported that after meeting with Friendship Ventures, they received a temporary Certificate of Occupancy from the City so that they could start their camp. There has been considerable discussion and conflict regarding whether or not this is a City park or Friendship Ventures park. There has also been discussion regarding heritage preservation getting in the way of providing programs at Camp Eden Wood. Neal explained that staff is proposing that the City submit a request for funds from the proposed 2008 State Bonding Bill for a major renovation and improvement project at Camp Eden Wood. The project includes the removal of existing buildings; the construction of two new dormitory buildings; renovation of the old dining hall; general landscaping improvements and the addition of an office/interpretive center. The completed project would continue to be owned by the City and leased to Friendship Ventures for its current use. Neal stated that there are many steps in the process with the first and foremost being putting together a basic project description. This will require some assistance of a consultant for the creation of a submission document and for the creation of a master plan for Camp Eden Wood. Staff is asking that the Council authorize staff to prepare an initial submission in order to make the June 25 deadline and to prepare a more detailed plan, including any financial commitments required for this project, for Council review in August. Nelson asked if the new dormitory buildings will be built near the dining hall away from the historic buildings or in the historic building area. Neal responded that this is something that the consultant will look at and work through. There are buildings on that site that are not historically significant and could be removed and replaced with buildings that will complement the historic buildings and be much more valuable to Friendship Ventures and their clients. CITY COUNCIL MINUTES June 19, 2007 Page 10 Duckstad asked if there is any financial advantage to proceed with this project now or in waiting. Neal pointed out that there would be a significant advantage in moving forward at this time. The bonding bill funds that they will be seeking come from the State Government to the City and would be used to do this project. Duckstad said staff is also asking for approval for a consulting fee of$40,000 and he asked if it is necessary to use a consultant or if staff would be able to put the same package together without a consultant's help. Neal explained that there has already been significant staff time put into this project. The consultant will do the technical drawings and will use a landscape architect who has the technical skills that City staff does not have. City staff will be supplementing the consulting contract with in-house services. Duckstad asked if they did not go with the State Bonding Bill approach, what would they do to accomplish the same thing. Neal responded that they would have to expend capital dollars or borrow money based on the City's tax levy referendum decision. Butcher said she feels this is a paramount project for a small investment. They will be able to see some great things come from this important park. She would love to see an overall comprehensive plan for this site that will make it flourish and it definitely needs attention. Butcher said she would support this request. MOTION: Butcher moved, Aho seconded, to authorize staff to prepare and submit a public project to the State for consideration for inclusion in the 2008 State Bonding Bill and to authorize a consulting agreement with Brauer& Associates for not more than $40,000 to assist in the preparation of the submission document. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Town Center Guidelines and Ordinance Update Jeremiah explained that for the past seven months staff has been working with HKGI and BKV on the Town Center Guidelines and Ordinance. Jeremiah introduced Greg Ingraham from HKGI to present the draft guidelines. Ingraham presented a brief history of the process and explained that the Town Center will be a major center area and the guidelines will be a tool for a walkable downtown corridor. The process for developing these guidelines was very much influenced by the Planning Commission and City staff. The Town Center Ordinance is the legalistic aspect of this project and the intent of the guidelines is to be a framework as to what the City expects or as development and redevelopment occur. The guidelines need to be specific and flexible to anticipate whatever design solutions individual design teams might come up with. The tool behind the guidelines is the ordinance. Ingraham further explained that staff and the Planning Commission are working through the final details for the ordinance. The ordinance is intended to act like the traditional zoning ordinance. There would be a review process as part of any CITY COUNCIL MINUTES June 19, 2007 Page 11 development application and a test of substantive compliance to the design guidelines. Ingraham briefly reviewed the highlights of the proposed Town Center Guidelines. Bill Baxley from BKV explained that architecture is a component in each sub- district and endeavors to describe in suggestive ways rather than prescriptive ways the aspects of the building in each district. He reviewed with the Council the various architecture components within the Town Center. Ingraham explained that the next steps of this process include finalizing the design guidelines; holding public hearings on the guidelines; testing of the ordinance standards; refine the Town Center Ordinance and to hold public hearings on the ordinance. Nelson said she would like to see included in the guidelines fountains, outdoor seating and noise abatement. She said she assumes they are doing foliage, flowers and trees and are making sure that the micro parks have benches and seating to enjoy the area. She would also like to see a requirement for energy efficient buildings and feels it would be an asset for those buildings to be identified as energy efficient. Nelson stated that when they have special things like awnings, flowers, trees, arts and fountains, they should not be considered optional by the builders but they should be considered mandatory. If it is mandatory, it will be agreed to in the final plans. Butcher asked that they not lose sight of the gateway monument that was previously discussed. Ingraham responded that there has been some reference to a gateway element at both the north and south ends of the Center. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Community Center Walking Track Lotthammer reported that at the March 20 Council meeting the Council considered bids for the Community Center and one of the items discussed was a walking track. At that time, it was suggested that there may be grant money available from Blue Cross, Blue Shield. Since that time, staff has learned that their grant money is intended for planning initiatives related to health and wellness and not available for capital or construction projects. Staff also investigated the availability of other grant funds and has found no immediate funds available at this time. If the Council should approve the inclusion of a walking track at the Community Center, they could extend the addition to the contract. Lotthammer explained that from a construction and operating standpoint, this is a good time to undertake this project. If the Council does not elect to go forward with the walking track, they will have to construct a railing around the ice rink for safety purposes. The walking track itself would act as that railing. Lotthammer stated that the cost of the walking track project totals $391,000. CITY COUNCIL MINUTES June 19, 2007 Page 12 Young asked if the walking track had been discussed at the Parks Commission and if there are funds available to construct the track. Lotthammer responded that the Parks Commission did not recently discuss this item but they were given an update. The feedback received was that it is a worthy portion of the project but they did not discuss how to bring it forward. Neal explained that the Parks Commission had previously discussed the walking track project and the Community Center project in general and how to bring funding to this project. Neal stated that there is a source of revenue called Settler's West Fund. An agreement was made with the developer who was developing lots in Chanhassen for access through Eden Prairie that will bring approximately $1 million of revenue into the City. The City has been holding this money with approximately $270,000 earmarked for future utility replacement. The balance of the funds are available for capital projects and would be available for this project should the Council wish to do so. Duckstad asked if staff is optimistic that even though there is no grant money available this year there will be money available next year. Lotthammer answered that for the last few years it has been difficult to obtain State funds for outdoor recreation projects. Federal funds as well as State funds have been very competitive and almost non existent. At best, they would not know until September 2008 if the City would be accepted or even if there are funds available. Staff is not aware of any money available at this time that this project would qualify for. Nelson said she would caution against using the Settler's West funds since they have spent down the park donation funds, this money should not be spent prior to their building up the park donation funds. Nelson said she would like to be frugal with these funds over the next couple of years. Duckstad said the Community Center and nine other projects totaled $15.5 million and he feels $400,000 for the walking track is substantial. He also feels the taxpayers deserve some consideration and if grant money is a possibility he is optimistic enough to think that they should exercise some patience and hold off with the walking track with the thought that there probably will be grant money available in the future. Duckstad said he is in favor of roughing in the walking track so that it could be added in the future without any problem. Lotthammer explained that the walking track is being proposed to be constructed in an existing rink. The existing rink is closed down for other improvements and by putting the construction off, they will face the potential of having to close the rink for the track when they do decide to move forward with it. If they defer this project, they are still faced with a safety issue for a cost of$40,000. If they decide in a year or two to build the walking track, the safety railing will no longer be needed. Also, if they wait they will probably not receive as favorable bidding CITY COUNCIL MINUTES June 19, 2007 Page 13 prices and construction will be more expensive including additional construction supervision construction costs. Young said more people have contacted him about this walking track than any other item regarding the Community Center development. He asked if there is any reason for them to be optimistic about bond dollars or grant money being available next year. Lotthammer said that from his experience in the last three to four years, this project would not likely qualify for Federal matching monies and that makes it even more competitive. Also, there are fewer and fewer dollars available from both the State and Federal governments. Lotthammer further explained that the types of projects that are normally funded by this grant money are not of the nature of one specific component but are multifaceted parks or facilities that are more recreational amenities. Nelson stated that at this point she is inclined to suggest that they put up the safety railing because she is not real enthusiastic about the walking track. A large number of people now walk at the Eden Prairie Center and the proposed walking track temperatures would be 30 to 40 degrees since it would be over ice. Round Lake also includes a walking path that can be used during the nicer weather and to spend $400,000 for the proposed walking track is a considerable amount for parks. Butcher expressed concern about the commitment made for the walking track and for the ability to procure any grant monies. There has been a lot of feedback that people want this track. She said she feels compelled to figure out how to do this project other than with a portion of the Settler's Ridge funds. Butcher stated that the Council needs to make a decision whether it be that they put on the railing or to do the walking track. They cannot continue to defer it. Butcher said she is compelled to wait with this project because she is concerned about the temperature and how the project will be funded. Also, they need to address those people who want this track. Aho said he agrees with everything that has been said this evening. The walking track would be a great amenity and he is sure people would use it. There are alternate areas that could be used as walking tracks and to spend $400,000 to make this happen at the Community Center does not seem right. Aho said he would rather spend the $40,000 for the railing and defer the track to a later time. If there is a need for it in the future it still can be done. It may cost more to do so but that is the risk they will have to take at this point. MOTION: Duckstad moved, seconded by Nelson, to table this matter indefinitely with the thought that in the future they will obtain grant monies for the project. Motion carried 5-0. 2. Renaming of Pumatory Creek Recreation Area CITY COUNCIL MINUTES June 19, 2007 Page 14 Lotthammer reported that at the May 7 Parks Commission meeting the Commission discussed naming the lake and felt that at this time they concentrate on the overall name of the Purgatory Creek Recreation Area and consider naming the lake at a later date. The Commission did discuss naming the lake Lake Malaya but felt that should the lake be named, it be named something more recognizable and general rather than after an individual. MOTION: Butcher moved, seconded by Aho, to receive the recommendations from the Parks, Recreation and Natural Resources Commission and officially change the name of Purgatory Creek Recreation Area to Purgatory Creek Park. Nelson indicated that she has never been a real fan of the name Purgatory Creek but would support the motion. She said she would prefer the name Celebration Park especially if they decide to move community celebrations to this park. She feels Celebration Park is a more active name. Butcher said she feels Purgatory Creek is a meaningful name to Eden Prairie and has been a name in the City for a very long time and is part of the City's heritage. Young said he agrees and feels that Purgatory Creek needs to stay associated with this park. He stated that his first choice would be Purgatory Creek Conservation Area but he feels the name Purgatory Creek Park is fine and he would support the motion. With regard to naming the lake, Young stated that Dan Kittrell's request to name the lake Lake Malaya is a moving tribute and he can sympathize with him but feels leaving the lake unnamed is a better course of action to take. Vote was called on the motion. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 9:20 p.m.