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HomeMy WebLinkAboutCity Council - 06/21/2005 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 21, 2005 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Brad Aho, Sherry Butcher, and Ron Case. Councilmember Philip Young was absent. 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 Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. She reminded citizens there is a town meeting scheduled for next Tuesday, June 28"' at 7:00 p.m. to discuss the possibility of a parks referendum. Friday, June 24t' at noon will see the kickoff of the new summer series at the Purgatory Creek Park Pavilion. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. RECOGNITION OF UPCOMING REUNION OF THE BLACK SHEEP SQUADRON AT THE 2005 AIR EXPO Former Councilmember Patricia Pidcock noted the air show at Flying Cloud Airport on July 21-24 is expected to draw 20,000 people, including many icons of World War II. The show will include a reunion dinner of the famous Black Sheep Squadron. She introduced two veterans in attendance. Tyra-Lukens read the proclamation for Black Sheep Squadron Days in honor of the veterans. Case noted the City will have a booth at the air show and that he would attend the dinner on Thursday. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal noted changes to Item No VILK. regarding sale of heavy rescue equipment, Item No. XIV.B.2 regarding City Manager Performance Pay, and an updated draft policy on priority use of public facilities as reviewed by the City Attorney. MOTION: Butcher moved, seconded by Aho, to approve the agenda as published and amended. Motion carried 4-0. VI. MINUTES CITY COUNCIL MINUTES June 21, 2005 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY,JUNE 7, 2005 MOTION: Aho moved, seconded by Case, to approve the Council Workshop minutes as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY,JUNE 7, 2005 MOTION: Case moved, seconded by Butcher, to approve the City Council minutes as published. Motion carried 4-0. VII. CONSENT CALENDAR A. THE POINTE ON LAKE RILEY by G &L Land Investments, LLC. Second reading for Planned Unit Development Concept Review on 4.5 acres; Planned Unit Development District Review with waivers on 4.5 acres; Zoning District Change from Rural to R1-22 on 4.5 acres and Preliminary Plat of 4.5 acres into 4 lots. Location: 9004 Lake Riley Road (Ordinance No. 9-2005-PUD-5-2005 for PUD District Review and Zoning District Change) B. APPROVE SALE OF SURPLUS VEHICLES AND EQUIPMENT AT PUBLIC AUCTION BY HENNEPIN COUNTY COOPERATIVE PURCHASING C. AUTHORIZE ISSUANCE OF GRADING PERMIT TO WESTBRAND, INC. D. ADOPT RESOLUTION NO. 2005-81 AUTHORIZING EXECUTION OF LIMITED USE PERMIT FOR TRAIL PURPOSES WITH MNDOT, I.C. 05-5638 E. APPROVE CHANGE ORDER NO. 1 FOR TH 212 AT PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENT PROJECT, I.C. 01-5527 F. APPROVE CHANGE ORDER A-1 FOR REPLACEMENT OF CEDAR SHINGLE ROOF AT THE CUMMINS GRILL BUILDING G. APPROVE FIRST AMENDMENT TO THE JOINT POWERS SCHOOL DISTRICT FOR USE AND OPERATION OF OAK POINT POOL H. AUTHORIZE STAFF TO RENEW LEASE FOR PRAIRIE VILLAGE LIQUOR STORE I. ADOPT RESOLUTION NO. 2005-82 RELATING TO $2,390,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005 A, FOR MITCHELL ROAD/TECHNOLOGY DRIVE IMPROVEMENTS CITY COUNCIL MINUTES June 21, 2005 Page 3 J. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 MOTION: Butcher moved, seconded by Case, to approve Items A-J on the Consent Calendar. Motion carried 4-0. VIII. PUBLIC HEARINGS/MEETINGS A. L.G.EVERIST TRANSFER FACILITY by L.G. Everist, Inc. Request for Planned Unit Development Concept Review on 2.74 acres; Planned Unit Development District Review with waivers on 2.74 acres; Zoning District Amendment in the I-General district on 2.74 acres; Preliminary Plat of 2.74 acres into 1 lot. Location: Industrial Drive. (Resolution No. 2005-83 for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment, Resolution No. 2005-84 for Preliminary Plat) Official notice of this public hearing was published in the June 9, 2005, Eden Prairie Sun Current and sent to 18 property owners. Neal noted L.G. Everist is in the aggregate business and would ship aggregate by rail from western Minnesota to this site in Eden Prairie. Aggregate will be unloaded from rail cars by front-end loader into trucks which will either deposit material on site, transfer to Midwest Asphalt across the street or to other job sites in the Twin Cities area. The Planning Commission voted 6-0 to recommend approval of the project, including the waiver for lot size and loading on a street frontage, to the City Council at the May 23, 2005 meeting. Neal introduced Rick Everist for questions. There were no comments from the public. MOTION: Case moved, seconded by Aho, to close the Public Hearing. Case noted this was not the kind of project he would solicit for Eden Prairie,but the zoning is pre-existing. He asked about noise, dust, and water quality studies. Jeremiah said these were submitted. Everist explained that although the initial volume is anticipated to be 50,000 tons, the studies were done at the maximum build out rate of 300,000 tons. The impact on water quality from crushing granite is minimal. Rock is loaded wet to reduce dust. Case noted there is a connection to Purgatory Creek. Butcher asked for an idea of the volume and number of trains. Everist explained a 40-car train holds about 4,000 tons. The stock area only holds 6,000 tons. The number of trains coming in depends on how fast the aggregate goes out to customers. About half will go directly to the Midwest Asphalt plant on the neighboring property. The rest will be trucked out. There might be two trains a CITY COUNCIL MINUTES June 21, 2005 Page 4 week at first depending on demand. The train comes in, stops, and is unloaded for eight hours so there are not a lot of rail cars banging about. There will be a siding so rail traffic is not disrupted. Butcher asked about the local availability of aggregate and who would buy it. Everist confirmed local supplies are dwindling. It would be used primarily for road construction to make concrete and asphalt. Aho asked how many trucks would be leaving the facility. Everist said that depends upon volume. Half the volume would be used at the asphalt plant and half trucked out. Each truck holds 27 tons. Everist said his company has had 600 trucks a day out of its Converse City and Sioux City plants without complaint. The site is small but workable due to the proximity of the railroad and arterial roads to keep trucks out of neighborhoods. Tyra-Lukens asked about debris trails from trucks and operations noise. Jeremiah said Everist's operation would follow the same operating hours as Midwest Asphalt, Monday —Saturday 7 to 7 p.m. They could get a variance for 10 days each year with prior notice. Regarding debris, Everist said his trucks do not leak material as much as drag out mud. Since the site will be paved, mud will be less of an issue here. Everist said he sweeps at his other locations and agreed to sweep Industrial Drive as needed. MOTION: Butcher moved, seconded by Aho, to adopt the Resolution for Planned Unit Development Concept Review on 2.74 acres; approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the I-Gen Zoning District on 2.74 acres; adopt the Resolution for Preliminary Plat on 2.74 acres into one lot; and direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions, including conformance to Midwest Asphalt's operating hours and street sweeping. Motion carried 4-0. B. MCCALL BLUFF by McCall Construction Company. Request for Planned Unit Development Concept Review on 4.89 acres; Planned Unit Development District Review and Zoning District Amendment in the Rural Zoning District on 4.89 acres and Preliminary Plat of 4.89 acres into two lots. Location: 9997 Dell Road (Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment, Resolution for Preliminary Plat) Neal noted is a continued item from the June 7, 2005 meeting. The hearing was delayed in order for the applicant to provide information indicating there would be access to both the existing and proposed lot across property owned by Turnbull to the west of the site. The opinion letter from Thomas L. Owens (attorney for McCall) dated June 15, 2005 declares that neither the terms of the easement or CITY COUNCIL MINUTES June 21, 2005 Page 5 subsequent instrument evidence any intention to limit the benefit, use, manner of use, or scope of the easement. Jeremiah explained a letter had been delivered this evening from Turnbull's representative disputing right to access and opposing the subdivision, so the access continues to be disputed. Rosow explained the City originally asked for a title commitment from the title insurance company, but when the title company would not provide it, the City asked the applicant for a title opinion from a title attorney (Owens). Rosow said his review of the law supports the finding of Owens' letter. An individual who has benefited by an easement in the past can continue to benefit so long as they do not unduly burden the area. The letter from the Turnbull's attorney (Olson) asserts his client has consistently restricted access over the past four years. Rosow said the title information shows there is a good faith access to a public street for this subdivision—it is not"landlocked." He said Owens is not a regular representative of the McCalls and his opinion can be relied on. The Turnbulls could seek a continuance to submit a competing title opinion,but the current letter is not arguing on that basis. Rosow said the Council had three options: proceed with the hearing and act, hold the hearing, close it, and delay action, or hold the hearing open and continue it through the first meeting in July to meet the 120-day deadline. Case asked if Rosow thought Owens' letter was valid. Rosow said it is the property owner's burden to prove access; that is why he asked the owner to get a private opinion and then reviewed it rather than doing the work himself. However, he did agree with it. Tyra-Lukens said holding the hearing open seemed reasonable. She asked if there was any hope of resolution or compromise, or if title search opinions would decide the matter. If the Council acted, would the Court see that as favorable to either party? Rosow said City ordinances and court actions between neighbors are two separate issues. It might be used by the McCalls but would not be very prejudicial. Case suggested holding the public hearing now and Tyra-Lukens opened it. Steve Turnbull addressed the Council on behalf of his father, who lives in Hot Springs, Arkansas. He said he had just received the title document today. He noted the McCalls had gotten continuances and asked for time to present his family's opinion. He stated the easement was given illegally because the easement giver did not own the land. CITY COUNCIL MINUTES June 21, 2005 Page 6 Tim McLaughlin, neighbor to the east, also addressed the Council. He stated concerns about the setback to his property line and whether the plat was accurate. Jeremiah said the survey and preliminary plat were submitted. There is a variance on the setback for both lots—seven feet for Lot 1, and 15 feet for Lot 2. The standard is a minimum 10-foot setback with a 25-foot total distance for single- family homes. The plat is accurate and would be confirmed before construction. Jeff McCall explained there had been a discrepancy on the lot line a month ago, which he had explained to McLaughlin. He had made an error but the survey and lot are now verified. Regarding the easement, McCall said other homes to the east already use this easement, and he has followed the parameters of past subdivisions. He said he has suffered delays due to this issue. McLaughlin reiterated concerns that the house is too close to his property line. Jeremiah clarified the 7-foot variance is between the existing house on the McCall property and the new house. The 15-foot setback is on McLaughlin's side. Aho asked about setbacks of adjacent property. Jeremiah said the waivers granted are similar to the Woosalsink proposal. Neal noted the 120-day period expires July 6"' so the Council will need to act at the next meeting. MOTION: Case moved, seconded by Butcher, to continue the public hearing until July 51h. Motion carried 4-0. IX. PAYMENT OF CLAIMS MOTION: Aho moved, seconded by Butcher, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher, Case, and Tyra- Lukens voting "aye." X. ORDINANCES AND RESOLUTIONS XI. PETITIONS, REQUESTS AND COMMUNICATIONS A. PETITION FOR HORSESHOE PIT AND SAND VOLLEY BALL COURT AT EDEN VALLEY PARK Neal noted this item had received petitions for and against,hence the Council discussion. Lambert explained City staff received a petition from neighbors of the Eden Valley Park to construct a sand volleyball and horseshoe pit at their park. Neighbors who wanted the area relocated further from their homes opposed CITY COUNCIL MINUTES June 21, 2005 Page 7 the plan. However, the alternative site is not workable. Seventy-seven people were for the addition and ten against. Case noted parking is limited in the area and asked about games. Lambert said there would be no league activity, only by neighbors who would most likely walk. Case agreed the facility is so far from the road that it would be low-use. Tyra- Lukens acknowledged Staff's efforts to accommodate the neighbors who opposed the plan. Lambert noted three trees would be relocated for better screening. MOTION: Case moved, seconded by Aho, to authorize staff to construct a sand volleyball court and horseshoe pit in the northwest corner of Eden Valley Park the summer of 2005. Motion carried 4-0. XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Flyins! Cloud Airport— Councilmember Case Case reiterated the reasons to seek more formal and ongoing communication with MAC, including post 9-11 security, lower usage at the airport, lost tax revenue on airport land, and new FAA directives. Issues worth discussing could include status of expansion plans, FAA impacts, status of environmental issues, reliever airport closures and alternatives, sewer and water issues with the Pioneer Trail expansion, and process for resident complaints about breaches of flight times or patterns. He proposed quarterly meetings to discuss such issues. Aho asked why a motion is needed. The City has a legal agreement. Tyra- Lukens said three Staff letters have not received a response. A motion carries more weight. Neal noted an audit of the MAC agreement,requested by the Council two months ago, would be ready in September or October. MOTION: Case moved, seconded by Butcher, to direct Staff to contact MAC regarding ongoing discussion between the City and MAC. Motion carried 4-0. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES June 21, 2005 Page 8 1. 2004 Comprehensive Annual Financial Report (CAFR) William Lauer,Principal of the independent auditing firm of Malloy, Montague, Karnowski, Radosevich, &Co.,P.A made a presentation of the financial report. He noted there were no control or compliance issues and praised the condition of the City's records. In general, the City's financial conditions and control procedures are sound. At Staff request, a few changes have been made to the financial statements and the way funds are structured, including putting capital projects together with utilities,breaking out an enterprise fund from water and sewer,breaking out an equipment revolving fund out of the general fund, and recording TIP funding as special revenue funding. These accounting changes account for most of the substantial changes in fund balances and expenditures vs. last year. Lauer noted that despite lack of other revenue, the City's tax rate remains below the statewide average. He attributed this to a strong industrial/ commercial base. Expenditures are average. Despite continuing development, capital outlays and debt service remain below state averages. Lauer said the City's $5.1 million revenue stabilization fund puts it in a very strong position to buffer against cuts in state aid. The City budgets its tax revenues very conservatively at 95%,but revenue is very steady. Adherence to the budget was excellent. Expenditures are very stable year to year. Lauer noted the liquor fund as a valuable asset to the City. Tyra-Lukens noted this is the third firm to give the City an unqualified opinion on the audit. Butcher praised both the report and City management and highlighted the report's praise of the City's revenue stabilization fund. These funds need to increase as a City grows and are especially important to maintain right now, given the status of the State budget. MOTION: Case moved, seconded by Aho, to accept the 2004 Comprehensive Annual Financial Report(CAFR). Motion carried 4-0. 2. City Manager Performance Pay Tyra-Lukens noted the City Council went into closed session following adjournment of its last meeting to continue the evaluation of the City Manager and to consider the award of performance pay, which matter was held in abeyance pending passage of legislation increasing the salary cap applicable to public employees including the City Manager. Based on the City Manager's performance during the past year the City Council determined to award to the City Manager the full amount of the performance pay, 3.5% of salary. CITY COUNCIL MINUTES June 21, 2005 Page 9 MOTION: Case moved, seconded by Butcher, to award the City Manager performance pay in the amount of 3.5 percent of his annual salary, effective August 1, 2005. Motion carried 4-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Sports Facilities Committee Proposed Revisions to the Priority Use Policy Lambert noted the Sports Facilities Committee began meeting on a monthly basis in January 2005. The group consisted of representatives of nine sports, a school representative, and three parks representatives to discuss facility use and overuse and develop a policy. A similar City document created in 1997 was the most published and republished document by the State. It's an issue many cities struggle with. Lambert explained the document serves as the final word to allocate facilities, which are in high demand by organized leagues as well as new leagues, churches, intercity teams, etc. It was challenging to get consensus and be fair to all. Butcher expressed faith that the process produced the best possible result. Tyra-Lukens thanked the committee and Lambert for their work. MOTION: Butcher moved, seconded by Case, to approve the proposed revisions to the Priority Use Policy as submitted by the Sports Facilities Committee and amended by the Parks, Recreation and Natural Resources Commission on June 6, 2005. Motion carried 4-0. 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: Aho moved, seconded by Case, to adjourn the meeting at 9:05 p.m.. Motion carried 4-0.