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HomeMy WebLinkAboutCity Council - 11/01/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 1, 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, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, 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 7:08 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. FLAG PROTOCOL Neal noted questions had been raised earlier this year about the City's flag protocol and etiquette, which had not been handled consistently. The Council directed Neal to develop a consistent protocol. Chief Carlson asked the Police Reserve to work on this issue. Carlson said the Police Reserve was the ideal group for the job given their professionalism and their investment in the process as Eden Prairie citizens. Five volunteers developed the protocol. Flag Etiquette Committee member Woody Franklin gave a presentation outlining the committee's findings. The committee had three objectives: to make sure the flags were raised and lowered appropriately, to develop guidelines for lowering flags to half staff, and to assume responsibility for proper flag etiquette on City properties (City Center, the Senior Center, Public Works, the Water Treatment Plant, and the Fire Stations). The flag protocol would only affect these properties, as this is where the City has direct authority. After reviewing federal, state, military, and veteran flag codes, the Committee recommended lowering flags to half-staff on the following occasions: ➢ Memorial Day (flag would be lowered at sunrise and raised at noon.) ➢ All presidential proclamations lowering flags on Federal buildings. ➢ All gubernatorial proclamations relating to a public safety officer killed in the line of duty. ➢ Any Eden Prairie resident killed in action on active duty. ➢ Other gubernatorial proclamations approved by the Mayor as having local relevance (for example to honor a local state representative). ➢ Death of an Eden Prairie police officer (from day of death to interment). CITY COUNCIL MINUTES November 1, 2005 Page 2 ➢ Death of a City official (day of death). The Police Reserve Color Detail is committed to assuming responsibility for proper display of the flag and for ensuring that such actions take place in a timely,professional, and patriotic manner. Officers in full dress uniform will raise and lower flags. The Color Detail will set up communication with the governor's office to contact the City and page members of the Color Detail when action is needed. Tyra-Lukens praised the committee's work and thanked them. She asked if deaths of public safety officers and military in combat would normally be gubernatorial proclamations. Franklin said yes. Tyra-Lukens questioned whether the link to the governor's office had been inconsistent the past. Neal said the City has had to look at the website. Franklin agreed notification is problematic, and sometimes even the State does not hear of Federal proclamations until they are on the news. However, the governor's office said they would call Eden Prairie dispatch with new flag proclamations. Tyra-Lukens asked if the proclamations would also stipulate the time frame. Franklin said yes. Typically the flag is lowered from sunrise to sunset on the day of interment unless the proclamation says otherwise. There was little discrepancy in flag protocol among the different groups studied. Aho thanked the committee for their work and suggested contacting the school district to see if they wanted to adopt a similar protocol. MOTION: Case moved, seconded by Aho, to approve Flag Protocol recommendations set out in the Executive Summary prepared by the Police Reserve Unit. Motion carried 5- 0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Young added an item to Reports of Councilmembers. MOTION: Butcher moved, seconded by Young, to approve the agenda as published and amended. Motion carried 5-0. VI. MINUTES A. TOWN MEETING ON THE PARK REFERENDUM HELD TUESDAY, OCTOBER 11,2005 MOTION: Young moved, seconded by Butcher, to approve the Town Meeting minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. B. CITY COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 18, 2005 MOTION: Butcher moved, seconded by Young, to approve the Council Workshop minutes as published. Motion carried 4-0 with Tyra-Lukens abstaining. CITY COUNCIL MINUTES November 1, 2005 Page 3 C. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 18, 2005 Case noted a correction on page 6, to the last sentence of the 5"'paragraph, "Even at the current budget, the City would be spending less per person." MOTION: Butcher moved, seconded by Young, to approve the City Council minutes as published and amended. Motion carried 4-0 with Tyra-Lukens abstaining. VII. CONSENT CALENDAR A. EDEN PRAIRIE TECH CENTER by Mount Properties. Request for second reading of the Planned Unit Development District Review with waivers on 5.01 acres and Zoning District Amendment in the I-5 Zoning District on 5.01 acres; Site Plan Review of 16.47 acres; Approve Development Agreement. Location: 6509 Flying Cloud Drive. (Ordinance No. 13-2005 for 21-2005 PUD District Review with waivers and Zoning District Amendment, Resolution No. 2005- 127 for Site Plan Review) B. ADOPT RESOLUTION NO. 2005-128 APPROVING FINAL PLAT OF LUND 1ST ADDITION C. ADOPT RESOLUTION NO. 2005-129 APPROVING FINAL PLAT OF AQUA ADDITION D. ADOPT RESOLUTION NO. 2005-130 APPROVING FINAL PLAT OF DUCK LAKE KNOLL E. AUTHORIZE ISSUANCE OF GRADING PERMIT FOR BUILDING SITE PREPARATION AND GRADING AT 11363 RIVERVIEW ROAD F. ADOPT RESOLUTION NO. 2005-131 CALLING FOR A PUBLIC HEARING DECEMBER 20, 2005, TO CONSIDER ESTABLISHING A NEW TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT G. APPROVE 2005-2007 MUNICIPAL RECYCLING GRANT AGREEMENT FOR THE HENNEPIN COUNTY MUNICIPAL RECYCLING GRANT H. PROCLAMATION FOR EDEN PRAIRIE LIONESS CLUB I. APPROVE CHANGE ORDERS NO. 2 AND 3 FOR THE WATER FILL STATION IMPROVEMENT PROJECT, I.C. 04-5630 J. RESOLUTION SUPPORTING THE MINNESOTA ALLIANCE FOR SAFE HIGHWAYS (Pulled from Consent Calendar) CITY COUNCIL MINUTES November 1, 2005 Page 4 Butcher pulled Item J for discussion, asking if the Minnesota League of Cities supported the resolution. Neal said the League would discuss it at its meeting next month. Butcher asked if it would be prudent for the City to wait before supporting the resolution. Young agreed this is a sensitive issue and wished to see more information. Butcher noted the League of Cities does due diligence on such resolutions. MOTION: Case moved, seconded by Butcher, to defer action on Item J and approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. 2005 SPECIAL ASSESSMENTS (Resolution No.2005-132) Neal noted official notice of this public hearing was published in the October 6, 2005, Eden Prairie Sun Current and sent to 426 property owners. Each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk exclusions, lateral exclusions and trunk utility assessments. The total amount proposed to be assessed in 2005 is $7,866,001.02. Aho asked how much the City typically levies in special assessments. City Staff Alan Gray explained the number is project-based and varies year to year. This year was fairly active both in terms of the number of properties and the total levy. Property owner Bill Gibson asked for leniency on his $150 levy for grass cutting, saying his tenant was gone for three months and did not forward the City notice. Tyra-Lukens asked if the Council could make this decision. City Attorney Ric Rosow said that is the purpose of the Public Hearing. However, there are a variety of circumstances where property owners say their tenants did not forward information. It could be a slippery slope. Case asked if the fee was for one time mowing. Dietz confirmed the $150 fee was for one time and represents the City's out-of-pocket cost. Gibson said the levy was $450. Gray clarified the citywide total for grass cutting was $450. Gibson's portion is $150. Tyra-Lukens noted this was at least less than expected. She asked Gibson to give his correct address to City Staff. Resident John Peterson, of 7157 Ticonderoga Trail, protested the Hidden Ponds trail assessment. He said the trail is public property so he should not be assessed $512.50 for it. Dietz explained the trails were not public property,but jointly owned by a homeowners' association. Over the years, no homeowners' association was active and the trails (poorly constructed originally) fell into disrepair. Homeowners had concerns about liability. Through a lengthy process including much debate, the City agreed in July 2004 to accept the maintenance and liability for the outlots and trails if the property owners would accept the costs to improve them. Peterson maintained property owners had cared for the trails as best they could and said the City should have supervised trail construction to CITY COUNCIL MINUTES November 1, 2005 Page 5 ensure quality. Tyra-Lukens asked when the trails were built. Dietz said in the 1970s. He acknowledged not everyone was pleased with the agreement. Over 260 property owners had to come to a negotiated agreement. Tyra-Lukens agreed the issue had been contentious but the agreement was an attempt to find the most equitable solution. She noted Peterson could in turn use trails developed by other homeowners' associations. Peterson asked about the appeals process. Rosow explained Peterson would need to file a notice tonight to preserve his rights, then follow it by filing an appeal with the Hennepin County District Court. He would be required to prove his property value was not increased by the amount of the assessment. Normally, only large assessments (such as sewer and water worth thousands of dollars) are worth appealing. Peterson said the trail money should come out of public funds. Dietz pointed out that if the developer had built the trails to a higher standard, the cost of purchase would have gone up. If the trails had been properly maintained, Peterson would have been paying a yearly fee for that too. Fifty dollars a year over 10 years is a reasonable compromise. The City also picked up some of the cost of the pond cleanup to keep the assessment from bring too burdensome. Resident Joe Fucile of 19155 Homestead Circle protested the special assessment for Hidden Ponds trails. He said he purchased his home in June 2004 and was not notified of any obligation or association and had never even seen the trails. The City should hold the developer accountable. Rosow said it would be highly unusual for there to be no documentation of common ownership. Oftentimes these get skimmed over in the sale of a home,but any covenants and assessments would be filed against title. Because they affect a whole community, such covenants can't be removed from the title in any case. Dietz said the previous owner would have gotten the City notices about the assessments. Fucile asked if the fee would be due all at once. Dietz explained it would be 1/10"'of the amount plus 6.5% interest yearly on the unpaid balance. If the home were sold, the agreement would generally require paying off the assessment. Homeowners can prepay the full amount by this November to avoid paying fees. MOTION: Case moved, seconded by Butcher, to close the public hearing and adopt Resolution No. 2005-132 approving the 2005 Special Assessments. Motion carried 5-0. B. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 15, BLOCK 1, PRAIRIE EAST THIRD ADDITION, VACATION 05-04 (Resolution No. 2005-133) (continued from October 18) Neal noted this Public Hearing was continued from the October 18, 2005, Council Meeting. The Property Owner has requested the vacation of part of the drainage and utility easement to accommodate construction of a pool. A neighbor had asked about how the pool would be drained. Dietz said Staff had met with the proponent and neighbor and the proponent will put in a plastic pipe to drain the pool to the street, away from the other property. All are agreeable to this solution. CITY COUNCIL MINUTES November 1, 2005 Page 6 MOTION: Aho moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2005-133 vacating part of the Drainage and Utility Easement over Lot 15, Block 1, Prairie East Third Addition. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Young, 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 XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Budget Review Process—Councilmember Young Young noted staff expertise is needed to adequately evaluate the facilities and information technology budgets and time is running out. Neal said he wanted to take enough time to perform due diligence and explain how the budget differs from last year, especially in the area of facilities which is complicated by changes in what is outsourced and insourced. He expected to present findings at the November 15 meeting. The Truth-in-Taxation Hearing is two weeks later so there should be time for a special meeting after the 15"'if needed. The rest of the agenda on the 15"' would be light to allow ample time for discussion. Case agreed it is important to get good data and noted there are almost three weeks between the 15"' and the Truth-in-Taxation hearing. He supported an extra meeting. The Council needs not only to discuss line items but also to have a philosophical discussion of what the increase should be and whether and how to use reserve funds. Case said he had a package proposal to present at either the Council meeting on the 15"'or a special meeting. Neal proposed scheduling a meeting for Tuesday, November 29"'. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL MINUTES November 1, 2005 Page 7 D. REPORT OF PARKS AND RECREATION DIRECTOR 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 8:07 p.m.