Loading...
HomeMy WebLinkAbout01/10/2002CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 10th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Lonnie Titus, Chaplain for the Minnesota House of Representatives spoke about changes occurring during the past year and offered a prayer for unification of the community and the nation. Lee Ehmke, Minnesota Zoo Director, was present and commented on a proposed Master Plan for revitalization of the Zoo. They will be asking the Legislature to include funding for phase one in the State’s bonding bill. Phase one contains four main projects; an Asian Trail, a Prairie’s Edge entrance, a Biodiversity Center in the main building, and an African Trail. This will be a five to seven year construction project and they will be seeking assistance and support from the community. Dakota County Commissioner Will Branning, also a Zoo Board member, was present and spoke about the project. He said they will also be working to rename the County Road 38 entrance road to the Zoo to better identify it. MOTION: of Sterling, seconded by Goodwin, authorizing sending a letter in support of the Minnesota Zoo’s proposed Master Plan and request for funding in the State bonding bill. Ayes - 5 - Nays - 0. CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 2 MOTION: of Grendahl, seconded by Goodwin, moving consideration of December 27, 2001, minutes; appointment of bond consultant; and Prairie Crossing bond reduction to the regular agenda; and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS Resolution No. 2002-1 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of American Legion, Squadron 1776, for use on February 9, 2002; and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. Resolution No. 2002-2 MOTION: of Grendahl, seconded by Goodwin, adopting designating Apple Valley Thisweek as the official newspaper of the City for the year 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-3 MOTION: of Grendahl, seconded by Goodwin, adopting designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2002 and accepting its deposit collateral. Ayes - 5 - Nays - 0. Resolution No. 2002-4 MOTION: of Grendahl, seconded by Goodwin, adopting designating as additional depositories for City funds for the year 2002: US Bancorp of Minneapolis; Hampton Bank; Wells Fargo Bank; Juran & Moody; Dain Bosworth; Edward D. Jones & Co.; The Trading Desk, Inc.; Midway National Bank of Apple Valley; Robert W. Baird & Co., and Finacorp Securities. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Music License Agreement for Local Government Entities with the American Society of Composers, Authors, and Publishers (ASCAP) at a fee of $250.00 for 2002, as attached to the City Clerk’s memo dated January 7, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Dakota County’s proposal for installation of a traffic signal at the intersection of County Road 46 and Garden View Drive/Highview Drive, with a recommendation that it use innovative design to discourage through traffic on Garden View Drive and be compatible with potential modification should a channelized right turn island need to be installed in the future, as described in the Public Works Director’s memo dated January 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, s econded by Goodwin, directing Staff to forward a copy of the City Engineer’s report on Vermillion River Trout Sustainability and Potential CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 3 Expansion of Trout Waters Designation to the Minnesota Department of Natural Resources, expressing concern about such designation, and requesting further study prior to designation as described in the Public Works director’s memo dated January 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving a wrap-up report on the joint City Council/Planning Commission informal meeting held December 12, 2001, to review the outcome of performance development standards and design elements in recent projects in the City. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving retaining the firm of Metropeligo as planning consultant for preparing the Galaxie Avenue/153rd Street Small Area Plan as recommended in the City Planner’s memo dated January 7, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, appointing member s to the Galaxie Avenue/153rd Street Small Area Plan Oversight Committee as recommended in the City Planner’s memo dated January 7, 2002, consisting of: Mayor Hamann- Roland, James Hadley, David Schindler, Larry Severson, Karen Edgeton, Carole Elfstrum, Arnie Esterbrooks, and Elizabeth Kautz. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Avsur Acres 2nd Addition, from $3,850.00 to $1,800.00; Valley Oaks Townhomes, from $101,625.00 to $75,750.00; and Orchard Pointe 2nd Addition, from $501,700.00 to $349,100.00. Ayes - 5 - Nays - 0. Resolution No. 2002-5 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Mowing and Trimming Maintenance Services for Various City Properties and authorizing advertising for receipt of bids, at 2:00 p.m., on February 5, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving payment of the second half of 2001 property taxes and state aids to the Minnesota Valley Transit Authority, in the amount of $643,286.13, as described in the Finance Director’s memo dated January 4, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring Shannon Stillwell for the fulltime position of Police Officer, as listed in the Personnel Report dated January 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated January 10, 2002. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 4 END OF CONSENT AGENDA MINUTES OF DECEMBER 27, 2001 MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of December 27th, 2001, as corrected on page 6, with Councilmember Grendahl’s statement that property tax estimates provided by the City in August were incorrect and did not show homestead credit for 2001 resulting in a distorted comparison with proposed 2002 tax. She further stated, in the future, the City should not get involved in presenting other jurisdictions’ tax estimates. Ayes - 5 - Nays - 0. APPOINTMENT OF 2002 BOND CONSULTANT Councilmember Sterling asked that proposals for bond consultant services be solicited before next year’s appointment. She has no problem with using the firm of Juran & Moody, but would like to look at other proposals before making a decision. Resolution No. 2002-6 MOTION: of Sterling, seconded by Goodwin, adopting appointing Juran & Moody, Inc., as the City’s bond consultant for the year 2002. Ayes - 4 - Nays - 0. TOUSIGNANT’S PRAIRIE CROSSING BOND REDUCTION Mr. Heuer reviewed his memo dated January 3, 2002, and the Assistant Planner’s memo dated January 7, 2002; describing the request of Rottlund Homes for reduction of the financial guarantee provided to ensure completion of certain improvements in Tousignant’s Prairie Crossing. Among the required improvements was stabilization of the slopes of Pond EVR-41. The site has been inspected and the recommendation is to retain $2,000.00 to cover the cost of seeding around the pond should the dormant seeding done in fall not germinate in spring. The homeowners association contends the pond was not properly constructed, should be sealed, and the funds should be retained. Mr. Heuer said the pond was constructed properly and is functioning as the stormwater pond it was intended to be. It does have a 3:1 slope that is common and not considered unsafe. The new pond designed south of Home Depot is also a 3:1 slope. Some of the areas around the pond that appear to be erosion are areas where muskrats or rodents have been tunneling. Removal of rodents would be the homeowners association’s responsibility. Brian Watson, of the Dakota County Soil and Water Conservation District, was present and commented on the design of stormwater ponds surrounded by buffer strips to improve water quality. A vegetation buffer strip helps prevent undesirable materials from entering a pond and CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 5 there are different planting materials that can be used for this purpose. A 3:1 slope has commonly been used on ponds. It is allowable and is the maximum under MPCA guidelines even though a 5:1 or 6:1 slope might be more desirable. Judy Laudenbach, President of Tousignant’s Prairie Crossing Homeowners Association, said they believe the culvert inlets to the pond are too high and causing erosion when water enters the pond. Rip rap around the culverts is being washed out and the erosion has had to be repaired for the last three years. The pond is not sealed and the water level fluctuates. The slopes are too steep and are not stabilized and she expressed concern about ongoing maintenance costs for the Association. They have been told it will cost $24,000 to $30,000 to repair the problem. They ask that the City hold Rottlund’s bond until the pond seals. Mr. Heuer said maintenance of the area around pond inlets is the City’s responsibility as it is for other ponds. Rip rap repair was done by the City and will be done in the future. Maintenance of the banks is the homeowners’ responsibility. Mr. Gordon said specifications for pond construction required Rottlund to use the existing approximately six inches of clay material from the site to line the pond. That was done, but there was not enough to completely line the pond and they were not required to bring other material to the site. The area above the lining is allowing water to seep back into the ground as it should. If the pond were being designed now, the recommendation would be to line the pond with clay to a depth of three or four feet and leave about three feet of dirt around the edge so water can infiltrate the ground. Councilmember Erickson commented that a pond that has the capacity to store water during a storm is desirable in preventing flooding. Kevin Pierson, Hydrologist for the Homeowners Association, said he believes the pond is not constructed properly and the maintenance shelf should be at water level not above it as it is now. He showed photographs of erosion around the pond and said Rottlund’s bond should be held to pay for repair. Comments have been made that the pond will seal itself, but that could take a number of years. Ferdinand Peters, Attorney for the Homeowners Association, referred to the City’s 1997 Stormwater Plan that alluded to increasing the aesthetic appeal of water bodies. The pond is surrounded by homes and they believe there will continue to be an erosion problem for 10 to 15 years. He referred to the City’s subdivision ordinance that requires erosion control during construction and said it should be applied in this case. He asked that action on reducing the bond be delayed until Mr. Pierson can review the engineering design which he has not been able to do. Ms. Bodmer said the engineering design dated April 1, 1997, that Mr. Pierson recently requested does not exist. It was a preliminary draft at the time the development was being proposed. The engineering report dated July 2, 1997, is the report on which a hearing was held and was approved and the Homeowners Association has a copy of it. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 6 Joan Quade, Attorney for Rottlund Homes, said they have complied with improvements they were required to make. She showed photographs of the pond taken in September. They show that vegetation is growing in the buffer area and the pond is holding water. There were some thistles and weeds that were taken care of and the area reseeded. There is no such thing as a maintenance free pond and it will require ongoing maintenance, but not $8,000 a year as the Homeowners Association indicated. Rottlund was not required to seal the pond and did not. She asked that the bond amount be reduced to $2,000. Mr. Peters suggested the City retain $25,000 to take care of erosion instead of $2,000. Mr. Dougherty referred to his memo dated December 21, 2001, and said funds retained by the City must relate to the cost of completion of something Rottlund was required to do. The Council discussed whether the erosion in some areas around the pond has been addressed. Mr. Heuer said it appears normal for a new pond that is still developing vegetation and due to rodents. Ms. Laudenbach said not many other residents of the area have expressed concern or were not in attendance at the meeting because the Homeowners Association has not increased its dues to pay for erosion problems. She believes they will have to increase them to pay for additional maintenance costs. MOTION: of Erickson, seconded by Sterling, approving reduction of the subdivision financial guarantee for Tousignant’s Prairie Crossing, from $50,000.00 to $2,000.00, as recommended in the Assistant Planner’s memo dated January 7, 2002. Ayes - 5 - Nays - 0. PROJECT 01-156, MAJESTIC RIDGE IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 10:01 p.m., to consider Project 01-156, Majestic Ridge Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 31, 2001, describing improvements for the six single family lots located east of Cedar Avenue between 138th and 139th Streets. The project includes completion of pathway on the east side of Cedar Avenue north of Upper 139th Street. The Mayor asked for questions or comments from the Council and audience. There were none and the hearing was declared closed at 10:04 p.m. Resolution No. 2002-7 MOTION: of Sterling, seconded by Grendahl, adopting ordering installation of Project 01-156, Majestic Ridge Utility and Street Improvements. Ayes - 5 - Nays - 0. KFC/A & W RESTAURANT REDEVELOPMENT Mr. Lovelace reviewed the Planning Commission recommendation of redevelopment of the Kentucky Fried Chicken Restaurant with a new building containing both Kentucky Fried Chicken and A & W CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 7 Restaurants. The plans meet conditions recommended by the Commission and include a sidewalk connection to the pathway along County Road 42. Resolution No. 2002-8 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of a combination Kentucky Fried Chicken/A & W Restaurant on Lot 7, Block 2, Valley Commercial Park 1st Addition, with conditions as recommended by the Planning Commission. Councilmember Sterling asked if space is allowed at the end of the drive up window for vehicle to pull ahead of the pickup area and wait for orders? Mr. Lovelace said there is a landscaped area on the west side of the lot that could be converted should the business finds a need for that option. Vote was taken on the motion. Ayes - 5 - Nays - 0. UPDATE ON POTENTIAL AIRPORT CONSTRUCTION CONTRACT John Ericson, of Fischer Sand and Aggregate, was present to update the Council on a potential airport material supply and hauling contract for 2002. His company will be bidding on a contract January 15th that is to start at the end of March with paving completed by July 15, 2002. Whoever is awarded the contract will require extended operating hours; most likely 5:00 a.m. to 9:00 p.m. If they are awarded the contract, he will come back to the Council for approval of the hours. He noted that there should be limited material hauled back to the site and they will ensure that anything brought in is good material. 2002 ACTING MAYOR Resolution No. 2002-9 MOTION: of Goodwin, seconded by Grendahl, adopting appointing Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor, for the year 2002. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated January 10, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Ster ling, seconded by Goodwin, to pay the claims and bills, check registers dated January 3, 2002, in the amount of $11,527,034.13; and January 9, 2002, in the amount of $1,377,008.03. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjour n. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2002 Page 8 The meeting was adjourned at 10:20 o’clock p.m.