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City Council - 09/06/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 6, 2005 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, Community Development Director Janet Jeremiah, City Attorney Amy Cralam and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:15 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION VII. PUBLIC HEARING FOR CABLE TV FRANCHISE TRANSFER FROM TIME WARNER TO COMCAST (Continued) Resolution No. 2005-105 Mayor Tyra-Lukens moved this item to the top of the agenda in order to accommodate the speaker. Case introduced Brian Grogan, attorney for the Southwest Suburban Cable Commission, to review the findings of the Commission regarding the transfer of the City's cable franchise from Time-Warner to Comcast. Neal noted the public hearing is still open. Grogan explained each City must approve the transfer. After a joint deal to purchase Aldephi Communications, Time-Warner and Comcast are swapping some markets to consolidate their operations. The Southwest Cable Commission has checked local franchise requirements, state law, and federal law to make sure the transfer is in compliance. The local level has been met by the public hearings. Grogan noted the City's authority to deny the transfer is restricted unless the provider lacks the qualifications to provide cable service. Grogan noted the provider has not yet registered with the Minnesota Secretary of State,but there is still ample time for them to do so. As the largest cable company in the U.S., Comcast is legally and technically qualified to assume the franchise. The Southwest Suburban Cable Commission unanimously recommends approval. Aho asked whether local public service channels would be impacted. Grogan said Comcast is contractually obligated to maintain the channels and the studio. A resident asked if the fees she pays for cable service in her condo would increase. Case said fees should not change—the biggest impact on residents will be a change in email CITY COUNCIL MINUTES September 6, 2005 Page 2 address from mn.rr.com to Comcast.com. Grogan said condo owners typically negotiate a contract with the cable provider, so fees should stay the same until that contract runs out. The contract can then be renegotiated,but that would happen even if the provider did not change. Case clarified the transfer process will go through two holding companies,but to the consumer it will be a direct change in March or April with new names appearing on the bill. MOTION: Case moved, seconded by Aho, to close the Public Hearing and adopt Resolution No. 2005-105 approving proposed change of control of Time Warner. Motion carried 5-0. IV. PROCLAMATION DESIGNATING OCTOBER 15 AS BIRCH ISLAND WOODS AS BIRCH ISLAND WOODS BUCKTHORN BUSTING DAY Tyra-Lukens read the proclamation and presented it to resident Jeffrey Strate, asking him to share the plans for the day. Strate explained buckthorn is an invasive weed tree that, due to its long growing season and lack of natural enemies, chokes native woodland vegetation. The Buckthorn Busting event is co-sponsored by the Friends of Birch Island Woods and the local Sierra Club chapter. Churches and scout troops will also help pull buckthorn by hand. In past events, over 300 volunteers have cleared two to three acres of land. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added an item on the City Manager's performance review and an item on Hurricane Katrina relief to Reports of Councilmembers. Case added an item on emergency preparedness and a report on the meeting with the Metropolitan Airports Commission (MAC) to Reports of Councilmembers. Dietz added an update on storm drainage to the Report of the Public Works Director. MOTION: Butcher moved, seconded by Case, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,AUGUST 16, 2005 MOTION: Young moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 16, 2005 CITY COUNCIL MINUTES September 6, 2005 Page 3 MOTION: Aho moved, seconded by Case, to approve the City Council minutes as published. Motion carried 5-0. VII. PUBLIC HEARING FOR CABLE TV FRANCHISE TRANSFER FROM TIME WARNER TO COMCAST (Continued) Resolution No. 2005-105 This item was discussed and voted at the top of the meeting, following the Council Forum Invitation. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2005-106 APPROVING FINAL PLAT OF PATTERSON ADDITION C. ADOPT RESOLUTION NO. 2005-107 APPROVING FINAL PLAT OF EAGLE CREST AT HENNEPIN VILLAGE D. APPROVE RELEASE OF LAND FROM SPECIAL ASSESSMENT AGREEMENT FOR LOTS 1, 2 AND 3, BLOCK 1, BRYANT LAKE HEIGHTS, SSA 99-06 E. AUTHORIZE ISSUANCE OF A GRADING PERMIT FOR GRADING AND RETAINING WALL IMPROVEMENTS AT 7034 WILLOW CREEK ROAD F. APPROVE CHANGE ORDER NO. 1 FOR FIRE STATION NO. 4 UTILITY EXTENSION PROJECT, I.C. 05-5654 G. APPROVE PLANS AND SPECIFICATIONS FOR SAND/SALT STORAGE FACILITY AND AUTHORIZE BIDS TO BE RECEIVED ON SEPTEMBER 29, 2005 H. AUTHORIZE ISSUANCE OF GRADING PERMIT TO LUNDS FOOD HOLDINGS INC. FOR GRADING AND PARKING LOT IMPROVEMENTS AT 7752 MITCHELL ROAD I. APPROVE CONTRACT WITH LHB INC. TO PERFORM INSPECTIONS AND INVESTIGATIONS OF A PROPERTY AT 6509 FLYING CLOUD DRIVE TO DETERMINE ELIGIBILITY FOR A TAX INCREMENT DEVELOPMENT REDEVELOPMENT DISTRICT J. APPROVE CONTRACT WITH SPRINGSTED INC. TO CONDUCT A COMPLETE TAX INCREMENT FINANCING ANALYSIS AND PLAN FOR A PROPERTY LOCATED AT 6509 FLYING CLOUD DRIVE CITY COUNCIL MINUTES September 6, 2005 Page 4 K. APPROVE CITY MANAGER'S PAY INCREASE L. APPROVE CONTRACT WITH MARKETLINE RESEARCH TO CONDUCT A SURVEY OF EDEN PRAIRIE BUSINESS COMMUNITY M. APPROVE INITIATION OF PROCESS TO REVISE WETLAND PERMIT APPLICATION FOR MITIGATION OF WETLANDS AT CRESTWOOD PARK N. APPROVE GUIDELINES REGARDING RESPONSIBILITY FOR FALLEN TREES O. APPROVE LETTER OF SUPPORT FOR HSSC SUBMITTAL FOR REGIONAL PLANNING GRANT FROM HENNEPIN COUNTY P. AWARD BID FOR ROUND LAKE PARK TRAIL CONSTRUCTION TO MIDWEST ASPHALT Q. AWARD CONTRACT FOR INFRARED CONSULTING SERVICES TO PERFORM ROOF MOISTURE SURVEYS AND MECHANICAL SURVEYS FOR CITY-OWNED BUILDINGS R. AWARD CONTRACT TO DECORATIVE DESIGNS, INC., FOR INTERIOR PLANT MAINTENANCE AT CITY HALL Young asked whether Item L, the survey of businesses, could be done in-house to save the $18,000 consulting fee. Neal said it could not be done to the same level of professionalism as in 2002. This survey is intended to replicate that survey and compare to that baseline, so would lose utility if done differently. Tyra-Lukens asked if the survey would include MCA issues. Neal said one or two questions could be added, but most of the survey will replicate the first. Aho asked if we could just self-administer the existing survey. Neal explained most of the cost is in the telephone polling, not the survey document. Case noted the study requires 400 20-minute interviews. Young agreed to the contract but expressed continued reservations and intent to review the utility and value of the completed report. MOTION: Butcher moved, seconded by Young, to approve Items A-R on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS /MEETINGS A. CODE CHANGES by City of Eden Prairie. First reading of Ordinance 17-2005 amending city code Chapters 2 and 11 regarding the Board of Adjustments and Appeals, non-conforming uses and signs. Neal noted the ordinance includes a number of code revisions in relating to variances, signs, and non-conforming uses. There are several reasons for the CITY COUNCIL MINUTES September 6, 2005 Page 5 proposed changes: to be consistent with recent changes in Minnesota Statutes and with recent case law in Minnesota, to resolve any doubt that the City's policies and procedures do not inappropriately restrict free expression, to match ordinance to practice, and to make requirements less broad and more specific. These changes relating to signs are intended to further the purpose and intent behind the sign chapter of the zoning ordinance as expressed by the City Council in 1974, which the Council repeated again in 1991. The Planning Commission voted 6-0 to recommend approval of the code change at the August 22, 2005 meeting. Second reading of this ordinance is located in the section on Ordinances and Resolutions. A unanimous vote is required since both actions are being taken in one meeting. There were no comments from the public. MOTION: Butcher moved, seconded by Case, to close the Public Hearing and approve 1St Reading of the Ordinance 17-2005 amending City Code Chapters 2 and 11 relating to non-conforming uses and signs. Motion carried 5-0. X. 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." XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2005-108 AFFIRMING CITY COUNCIL SUPPORT FOR A STATEWIDE SMOKING BAN Tyra-Lukens noted Bloomington recently reaffirmed its resolution supporting a statewide smoking ban in bars and restaurants, and suggested Eden Prairie do the same. Neal explained the resolution closely follows the one passed October 1, 2002, modified to include current references to the Hennepin County ban. Aho said he had heard Hennepin County is re-evaluating the ban and asked the status of those discussions. Tyra-Lukens said their hearings are in process and no decision would be made until October. Aho questioned whether the time was right to reaffirm the resolution. Tyra-Lukens said yes, the County should get the City's opinion while the issue is before them. Young said he also wondered about the timing since the legislative session is months away. The issue is more complex than it appears because of economic issues. Young recommended striking the language referring to Hennepin County, since the outcome of that ban is uncertain, and emphasizing the need for uniformity through a statewide ban to avoid unfairness to businesses. CITY COUNCIL MINUTES September 6, 2005 Page 6 Butcher said she did not feel strongly about the timing. She thought Hennepin County would be pleased to have support for a statewide ban. Unfairness to the border cities is the key issue Hennepin County faces now. Neal said if the Council wants to influence the County, it should act before November. He described Commissioner Koblick as a swing voter who would be very interested in the feedback. Case said all levels of government should act on smoking bans,because it is the right thing to do. Action tonight would provide maximum leverage. Case said Eden Prairie should join Bloomington in passing a stricter ordinance than the county and make outside decks half smoking and half not. He said he had received seven or eight resident complaints about smoky restaurant decks. Smoking should also be prohibited 50 feet from a restaurant entrance. The City should push to get a state-level ban quickly to protect businesses. Young wondered if there would be an exception for bars in any statewide ban. He reiterated the need to remove the Hennepin County language from the ban. Tyra- Lukens amended the paragraph to read: "Whereas, various local and county governments have instituted smoking ordinances." Aho agreed on the need to be sensitive to the business community. The state is the only appropriate level for a ban when businesses have to operate side by side. MOTION: Case moved, seconded by Butcher, to adopt Resolution No. 2005-108 supporting, advocating and urging the Minnesota State Legislature to enact a statewide smoke-free law prohibiting smoking in places of employment and restaurants as amended. Motion carried 5-0. B. SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTERS 2 AND 11, REGARDING THE BOARD OF ADJUSTMENTS AND APPEALS, NON-CONFORMING USES AND SIGNS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE 17-2005 Synopsis: The first reading of this ordinance was held under the Public Hearing section of this meeting. MOTION: Aho moved, seconded by Case, to approve the 2nd Reading of the Ordinance 17-2005 amending City Code Chapters 2 and 11 relating to non- conforming uses and signs and Adopt the Resolution approving Summary Ordinance for publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIV. APPOINTMENTS CITY COUNCIL MINUTES September 6, 2005 Page 7 XV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Proposed Conservation Commission—Mayor Tyra-Lukens Tyra-Lukens referred Councilmembers to the mission, description and charges draft in the packet. The name of the Commission is open as well, though it should be changed from the previous Commission since the charge is a little different. Tyra-Lukens said the first reading would be on October 2nd and invited comment in the intervening weeks or at that time. She directed Neal to go ahead with plans. 2. City Manager Performance Review—Mayor Tyra-Lukens Tyra-Lukens noted the Council is required to report on its closed session. She read a statement prepared by City Attorney Ric Rosow. The Council was unanimous in determining the City Manager's performance to be excellent. After reviewing City Manager salaries in peer cities, and noting the new state salary cap, the Council determined to raise the City Manager's salary to $123,304, effective November 1, 2005, which would result in a total 2005 gross of$115,761. The Council will further increase the City Manager's pay to $132,333 effective May 2006, for a total 2006 gross of$129,319. Tyra-Lukens said the Council was pleased to be able to give this increase. 3. Hurricane Katrina Relief Efforts—Mayor Tyra-Lukens Tyra-Lukens said she received information from the Conference of Mayors sharing needs and lists of legitimate organizations for donations, which she would have posted on the City website. Another need is housing for refugees—the social services center at the mall recently assisted its first refugee visitor, and a local family has already donated use of their unoccupied home. Neal said Staff is ascertaining the level of vacancy, particularly in rental units, to see what capacity might exist in the community for refugee housing. FEMA has also approached the City for equipment and personnel and been given a statement of capacity by Chief Esbensen. The City's services are not required at this time but may be in the future as forces currently serving need to be replaced. Firefighters also coordinated the drop-off of supplies started by Channel 9. Neal said the City would continue to monitor ways it can help. Tyra-Lukens suggested a mentoring program for any refugees who come to Eden Prairie to help them make linkages to services in the community. CITY COUNCIL MINUTES September 6, 2005 Page 8 4. Eden Prairie Ememency Preparedness—Councilmember Case Case said two residents asked about the City's preparedness for a devastating disaster, for example, a widespread loss of natural gas service in winter. He assured residents the City is taking a fresh look at its preparedness in the wake of the Katrina disaster. 5. Report on Meeting with MAC—Councilmember Case Case said the August 30, 2005 meeting between the City and MAC was attended by top-level representatives, and very positive. This was the first meeting since the agreement three years ago. Topics discussed included security,pavement depth, noise, night flights, future expansion plans, possible sewer and water connections, having city codes apply to airport buildings, plans for reliever closures, and the Northwest Airlines lawsuit with the FAA. Results included several concrete measures. The MAC will supply information on pavement depth (which determines the weight of planes that can land) in graphic form. MAC reaffirmed its intent to fully abide by the agreement. MAC explained while night flights cannot be restricted due to FAA regulations, the MAC does call night-flying pilots to see if they can adjust their flight times when there are complaints. Half of the night flights are Lifelink flights related to organ donations. The Mac asserted again that the FAA would not attempt to override the agreement. Case also noted the MAC's recent report characterizes Flying Cloud as a "first-tier" reliever, meaning it would be one of the relievers targeted for continued funding and expansion. As feared by some residents, the MAC is indeed looking at a jetport at some point. It is outside the City's power to do much about that, except to diligently enforce its agreement. The MAC is very interested in restarting the Flying Cloud Airport Commission to address resident concerns on an ongoing basis. Case said the City had disbanded the Commission during the agreement negotiation to avoid having two separate voices,but recommended restarting it. Tyra- Lukens said a Commission would help keep open the channels of communication. Aho asked who was on the Commission last time, and what the mission would be. Tyra-Lukens said the Commission had about seven members and was a deliberate mix of pilots, businesses, residents, and zero- expansion advocates. Case said the Commission would hold regular monthly meetings with the MAC to maintain the agreement and handle resident complaints. Tyra-Lukens asked Neal to pull the old charter for the Council to review. CITY COUNCIL MINUTES September 6, 2005 Page 9 B. REPORT OF CITY MANAGER 1. Delegates for NLC 2005 Congress of Cities Neal explained the City must elect one voting and one alternate delegate. After a discussion of schedules, the Council nominated Young as the voting delegate and Case as the alternate. Aho, Butcher, Case and Young all plan to attend the meeting. 2. Proposed 2006 Property Tax Levy, Proposed 2006 Budget, Date(s) for Truth-in-Taxation Hearins!(s) and Proposed HRA Tax Levy (Resolution No. 2005-110) Neal explained the City must adopt a proposed net property tax levy by September 15 and certify it to the county auditor. In addition, the City Council must accept a proposed budget for the coming year and set a date for the "Truth-in-Taxation" hearing and a date to reconvene it(if necessary). The Council must adopt the final tax levy and budget by December 20. Minnesota Law also authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Neal said the resolution is based on the original proposal presented at the August 16 Council Workshop. Alternative scenarios A-G,presented since then, are also in the packet. He requested the Council adopt one of those or the original proposal. Tyra-Lukens questioned the $100,000 in additional fuel costs. She asked if fuel use could be reduced instead. Neal said the estimate is based on current consumption, 60-70% of which is used for public safety purposes. He committed to look at ways to reduce fuel costs. Aho asked if costs for heating would also increase. Dietz said the fuel oil cost has been adjusted up by 6%, which is what Centerpoint recommended. Case supported the full reinstatement of human service funding. He noted these funds are leveraged greatly by volunteers, and the City has a moral obligation to take the lead. Regarding fuel costs, it would be better to plan for increased costs than go into the reserve. For the streetlight fees, Case said adding up the streetlight, HRA, and general fund increases yields an increase in the levy of about 8%. While other cities range from 4-12%, this seemed high to Case. Case proposed moving more aggressively to reduce the revenue stabilization fund to reduce the levy increase. The City is already seeing a drop in fees from new construction, which is what the revenue stabilization fund was designed to buffer. The City could try to reach Young's proposed 10% revenue stabilization fund level in 2012, rather CITY COUNCIL MINUTES September 6, 2005 Page 10 than having a 15% level in 2012. The money taken out of the fund could be used during the next seven years, taking the funds down from 18% to 15% and finally 10% in 2012, still leaving the future Council with a considerable buffer. It would have to be made clear to residents that the City is using savings generated by its conservative budgeting. Butcher said she was completely uncomfortable with cutting human services. There is a human face to those services and many long-term residents depend on them. Fuel costs should be included as a responsible course of action. Butcher noted the streetlight utility concept has been discussed for years, and many cities have it in place. She supported scenario G as the most prudent and best course. Young said he was mindful today's discussion only sets the maximum amount of the levy. He hoped the Council would continue to discuss the budget. He saw a 7-8% increase in the budget over 2005 as too high. Young agreed grants to volunteer-based human services should be continued. They abate the cost of government significantly. He questioned the need for direct human services provided by City Staff and wondered if they could be redundant given County services. He asked for more information on this point before approving the budget. Young supported the fuel cost addition. He preferred leaving streetlights in the general fund to promote simplicity and transparency. Young saw scenario E as most appealing, but said the scenario chosen was secondary to his concerns about the budget. Aho said his concern was the overall tax burden. How it is broken out is merely a philosophical question. The levy structure should be as uncomplicated and deductible as possible. Aho agreed the increase was too high. He noted he had already spoken to Staff and Neal about potential areas for savings. Using the revenue stabilization fund could be prudent,but the budget is still increasing too much regardless of how it is funded. Tyra-Lukens asked if the Council could continue to reduce the levy and the budget the way the resolution is written. Neal said yes. The Council could go forward with the August 16"'proposal or any scenario that is less. Neal said he was confident he could find the needed $70,000 for human services with little impact on overall services. Young asked if the resolution assumes the creation of a streetlight utility fee. Neal said the numbers do not include the $750,000 in streetlight costs. If the City decided not to create the fee, there would be a significant hole in the budget. Tyra-Lukens asked if option G would work without the utility. Neal said no. The calculation includes $1,321,713 in fiscal disparity funds. Case recommended reaching a consensus on streetlights before going forward. CITY COUNCIL MINUTES September 6, 2005 Page 11 Aho said pulling out streetlights skews the apparent increase in the levy considerably. Case said the public could be told the true rate. Tyra-Lukens noted the street lighting fee is only $2-3 dollars per month. Neal reviewed that an increase in the levy does not translate into the same percentage increase to individual taxpayers. The City has an increase in the number of taxpayers and the value of property. For example, in scenario G, a 3.81% increase in total tax levy translated into a 2.72% net increase for a median home. In the original August 16"'proposal, all classifications of commercial, industrial, and market rate apartments had decreases in their net tax costs of 14%. Neal suggested adding $750,000 to the numbers in the resolution to preserve the option to add back street lighting after further discussion. The Council could reduce the number later; this is common. Aho asked where fiscal disparity fits in. Neal explained the total levy includes about$1,321,713 million of fiscal disparities, which is distributed from Eden Prairie to a pool which benefits cities of lesser means. Young noted the revenue stabilization fund can smooth the transition,but long-term, to sustain a reasonable levy rate the City must look at the cost side, for example, of ambitious projects like the MCA. Young supported getting the levy increase closer to last year's increase of 3%. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2005-110, which certifies the proposed 2006 net property tax levy to be $28,978,845, sets the "Truth-in-Taxation"public hearing for Monday, December 5, 2005 and, if necessary, to reconvene the public hearing on Tuesday, December 13, 2005; accepts the proposed 2006 budget of $75,033,173; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MCA Study Update Jeremiah shared developments since the last Open House in April. The Major Center Area task force has met twice and completed its work. Jeremiah also met with the Parks and Recreation Commission, the joint Planning Commission and City Council, the morning Rotary, developers, the Chamber of Commerce, and several key property owners regarding their preferred options for development, transport and wayfinding. There will be more opportunity for public input at the next Open House scheduled for Tuesday, September 27 from 5-7 p.m. at the Eden Prairie CITY COUNCIL MINUTES September 6, 2005 Page 12 Center Community Rooms, located on the lower level. Jeremiah invited all Councilmembers to attend. 2. Amended Development Agreement for Eagle Ride at Hennepin Village 6th Addition, and Affordable Housing Regulatory Agreement between Ryland Group and City of Eden Prairie Jeremiah noted The Ryland Group, Inc. has agreed to provide eight(8) affordable units within the development. The project has changed slightly in that the affordable units will be provided at the carriage homes, not the 6"' addition of single-family homes. Section 16 of the Development Agreement has been removed and incorporated in the Affordable Housing Regulatory Agreement. The agreement is contingent upon City Attorney approval of the development agreement and the Affordable Housing Regulatory Agreement. The units must remain affordable for 40 years. It is likely that Ryland will be working with WALT to handle the affordable housing portion. The Affordable Housing Regulatory Agreement provides a new provision for release of the agreement if after 3-6 months after issuance of the occupancy permit, the affordable unit has not been sold to a qualified buyer. The developer would have to reimburse the City for the difference between the market and affordable rate. WALT believes this time is adequate for them to market the units, as they can begin marketing about 5 months before the occupancy permit is issued. Tyra-Lukens asked if the release provision would apply to the initial sale, or to all sales over the 40-year period. Jeremiah said if WALT administers the units, the release provision would apply to the initial sale only. If WALT is not involved and the developer markets the affordable units on their own, the release provision could remain in place for subsequent sales. MOTION: Young moved, seconded by Aho, to approve the Amendment to the Development Agreement for Eagle Ridge at Hennepin Village 6"' Addition; and approve the Affordable Housing Regulatory Agreement between The Ryland Group Inc., and the City of Eden Prairie. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Puriatory Creek Recreation Area Access and Intersection Improvements Lambert noted the City surcharged the access area years ago to prepare for construction. Earlier this year the City got an engineer's estimate of $174,000 for the access. After reviewing all of the intersection and signal CITY COUNCIL MINUTES September 6, 2005 Page 13 improvements the estimate was revised to $311,000. Four bids were received at the bid opening and the lowest bid was $357,176.28. Since the bids more than doubled from the engineers estimate for improvements of the road within the park, at the current time the City does not have adequate funding to recommend approval of this project. The Parks and Recreation budget would pay for a portion and the Public Works budget could pick up approximately $60,000 of the project work; however, this would still leave a shortage of$123,000 to have the work done this fall. Lambert recommended contacting the Flagship office building to see if they would be interested in funding a portion of the project, since it is difficult to turn left out of their facility and a signal would benefit them. If negotiations were successful, he would bring another proposal in February. Tyra-Lukens agreed this was an excellent idea. MOTION: Case moved, seconded by Butcher, to reject all bids for the Purgatory Creek Recreation Area access road reconstruction. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Drainage Update Dietz reported the City is sandbagging along Grier Lane, south of the old library. Water from Eden Lake could threaten 12-13 homes if the area gets an additional 1.5 inches of rain this week. A pump is also going. Dietz noted Saturday's storm generated 39 calls for service. In some cases, flooding was due to poor home maintenance; in others, the ponding areas came up too quickly to respond. The Grier Lane project is a location where preventative measures can still be effective. Case noted the rainfall was 6.5 inches at City Center, with residents reporting 8-10 inches in some areas of the City. The drainage system is built for a 100-year storm, and Saturday storm qualifies as such a storm. It is not surprising there was some flooding. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XVI. OTHER BUSINESS A. CLOSED SESSION CITY COUNCIL MINUTES September 6, 2005 Page 14 The Council went into closed session to discuss the sale price of city-owned real estate. XVII. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting and go into a closed session. Motion carried 5-0. The meeting adjourned at 9:05 p.m.