Loading...
HomeMy WebLinkAbout09/26/2002CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 26th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Ma yor 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, Assistant to the City Administrator Grawe, Public Works Director Heuer, Natural Resources Coordinator Kehrer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Strauss, 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 led by Girl Scouts from various troops and service units. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as presented. 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. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Erickson, approving the minutes of the regular meeting of September 12th, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, proclaiming October 7-13, 2002, as “Financial Planning Week” encouraging everyone to become aware of the value of the financial planning process in identifying and managing financial goals. Ayes - 5 - Nays - 0. Resolution No. 2002-184 MOTION: of Sterling, seconded by Erickson, adopting approving participation in the 2002-2003 “Safe & Sober Communities” program and an CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 2 agreement with the Minnesota Department of Public Safety accepting funding, in the amount of $28,000.00, jointly with the City of Lakeville, and authorizing the Police Chief to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving a Livable Communities Opportunity Grant Agreement with the Metropolitan Council, in the amount of $30,000.00, for preparation of Central Village model development regulations and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-185 MOTION: of Sterling, seconded by Erickson, adopt ing designating additional depositories for City funds in 2002 at Harvestons Securities, Inc., MorganStanley, and Northland Securities. Ayes - 5 - Nays - 0. Resolution No. 2002-186 MOTION: of Sterling, seconded by Erickson, adopting approving 2002 Special Assessment Rolls No. 509, 510, and 512 for hearing purposes, in the total amount of $3,526,258.00, and setting the public hearing, at 8:00 p.m., on October 24, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-187 MOTION: of Sterling, seconded by Erickson , adopting approving 2002 Special Assessment Roll No. 511, for hearing purposes, in the total amount of $58,243.53 for delinquent utility charges, and setting the public hearing, at 8:00 p.m., on October 24, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, extending approval of the site plan and building permit authorization, granted by Resolution No. 2002-180, for four 56-unit apartment buildings, on Lot 1, Block 1, Regatta Commons, to expire on September 12, 2003, as recommended in the City Planner’s memo dated September 20, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving the First Amendment to the Planned Development Agreement for Fischer Market Place 7th Addition, modifying the site plan for the northeast corner of County Road 42 and Galaxie Avenue, as attached to the City Planner’s memo dated September 23, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, accepting 138th Street and municipal utilities constructed as part of Diamond Valley Estates into the City’s maintenance schedule as described in the City Engineer’s memo dated September 19, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seco nded by Erickson, approving reduction of financial guarantees for: Diamond Valley Estates, from $242,200.00 to $12,125.00; Evermoor of Apple CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 3 Valley, from $150,000.00 to 0; and Wyndemere 4th Addition, from $605.00 to 0. Ayes - 5 - Nays - 0. MOTION: of St erling, seconded by Erickson, accepting the recommendation of the Traffic Safety Advisory Committee to send a letter supporting construction of an additional parking lot at Apple Valley High School, as attached to the Assistant to the City Administrator’s memo dated September 26, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-188 MOTION: of Sterling, seconded by Erickson, adopting establishing no parking zones on 145th Street, for 120 feet west of Guthrie Avenue on the south side and 110 feet west of Guthrie Avenue on the north side, and ordering installation of appropriate signage. Ayes - 5 - Nays - 0. Resolution No. 2002-189 MOTION: of Sterling, seconded by Erickson, adopting establishing no parking zones along both sides of Galaxie Avenue, from a point 350 feet north of the centerline of 127th Street to County Road 46, and ordering installation of appropriate signage. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving an Agreement with Road Surfacing Technologies, Inc., for Crack Filling and Seal Coating the Municipal Center Parking Lot, in the amount of $16,026.00, as attached to the Public Works Director’s memo dated September 26, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: o f Sterling, seconded by Erickson, approving a Contract with Dakota County to provide Auction Sales Services, for sale of City vehicles, on September 28, 2002, as attached to the City Clerk’s memo dated September 23, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, authorizing the expenditure of $38,705.30, from the Police Special Projects Fund, to purchase a digital dictation system from Northland Business Systems as described in the Police Captain’s memo dated September 23, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated September 26, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FIRE PREVENTION WEEK CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 4 MOTION: of Grendahl, seconded by Sterling, proclaiming October 6-12, 2002, as “Fire Prevention Week” and urging all citizens to participate in fire prevention activities at home, work, and school, and take steps needed to make their homes and families safe from fire. Ayes - 5 - Nays - 0. Fire Chief Wassmund reviewed fire prevention education activities planned during the week and invited everyone to attend the Fire Department open houses. They will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 8th, at the Municipal Center on October 9th, and at the Teen Center on October 10th. PROJECT 93-334, GALLES ADDITION & PALOMINO EAST IMPROVEMENTS Mr. Gordon distributed a revised preliminary feasibility report, dated September 24, 2002, on Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements. The apartment site is located on the west side of Pennock Avenue, at the 125th Street alignment, and Galles Addition is located west of it with access from Cimarron Road. The project is for utilities that will be constructed by the City including water, sanitary sewer, and storm sewer. Storm sewer construction and the ponds involved have been planned as part of the system since 1972. Sidewalk will be constructed along the west side of Pennock from Palomino Drive to Cimarron Road. Galles Addition includes construction of a cul de sac for six single family lots. After the project is ordered, it will be necessary to obtain permits from the Pollution Control Agency for sanitary sewer, from the Board of Health for water, and from Mn/DOT for the storm water pond. Some easements will be needed around the pond particularly on the northwest side. The pond will have approximately 4:1 slopes on three sides and the existing 2:1 slope on the northwest side will remain. Mr. Gordon noted that is a steep slope, but is not unique and other ponds naturally have that slope. There are over 100 ponds in the City and they are not fenced. Mr. Gordon said the issue of potential increased flooding at the Cedar Avenue underpass was raised. Mn/DOT’s policy is to design storm sewer to accommodate 10-year storms due to expense. A 10-year storm is defined as four inches of rain in 24 hours. The storm sewer design will be reviewed with Mn/DOT as part of the permit process. Councilmember Grendahl asked what will happen if Mn/DOT denies the permit and whether it is normal to look for easements now when the system has been planned since 1972? Mr. Gordon said a redesign would have to be considered, but he does not have an alternate now. Mr. Dougherty said Mn/DOT put an outlet for the pond in their system, as part of the Cedar Avenue construction, knowing flow would come into their system. Perhaps they should have acquired easements, but it is part of the City’s system now and discussions will need to be held with property owners. He reviewed the easement acquisition process of determining the amount of property needed, getting appraisals, and trying to negotiate for them. If no agreement can be reached, it would be brought back to the Council to consider condemnation. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 5 Brian Watson, Dakota County Soil and Water Conservation District Manager, was present and said he has discussed wetland and erosion control measures on the site with City Staff and citizens. The wetland issues were reviewed in 1996 with regard to alternatives on the Palomino East property and a permit was issued. Renotice for the permit is required if the impact changes by more than 10% or the location changes by more than 500 feet neither of which apply. An appeal was made to the State Board of Soil and Water Resources and it was denied. He reviewed the plans for erosion control measures and made some recommendations that have been included. Joel Toso, Engineer for Joe Taylor, 385 Cimarron Road; said he has looked at storm water issues related to the pond and reviewed calculations of the City Engineer. He agrees with them, but believes downstream concerns still need to be addressed. He does not believe Mn/DOT has addressed the storm sewer and additional flow may cause the storm sewer to back up. David Keller, Attorney for Joe Taylor, commented on the need to acquire easements from Mr. Taylor and his neighbors. He stated he does not believe the easements are for a public purpose, but are required due to the apartment building and are a private purpose. He stated the site should be looked at to retain storm water on site and not send so much downstream. He said they would object to the use of eminent domain. Mr. Taylor presented a letter from Mn/DOT that he received today stating there is no drainage agreement with the City. He said the letter was faxed to the City Engineer this afternoon. Peter Coyle, Attorney for Joel Watrud of Palomino East, said they have agreed to dedicate the storm water pond and are ready to proceed with the project. They are willing to cooperate to obtain the necessary permits. Mr. Dougherty said the purpose of this meeting is extension of utilities and assessment of property for the cost. The Palomino East property has already paid per acre trunk charges and the City is obligated to bring sanitary sewer and water to the property. The Settlement Agreement requires the City to bear the cost of installation. The alternative is for the property owner to install them and have the City pay the cost. The City would be obligated to pursue easements if it is ponding water on private property by inverse condemnation. Councilmember Goodwin asked what would happen if the City does not acquire an easement and the property floods? Mr. Dougherty said there is a potential for liability since a pipe exists. Mr. Gordon reviewed calculations for the existing area, adding the apartment building, and adding the Cimarron Road pipe connection. He said the issue with Mn/DOT should be able to be resolved during the permit process. Mayor Hamann-Roland called the public hearing to order, at 9:13 p.m., to consider Project 93- 334 and noted receipt of the affidavit of publication of the hearing notice. She asked that questions be stated first and responses provided at the close of the hearing. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 6 Ann Stone, 315 Cimarron Road, read a statement expressing concern about the danger of a storm water pond with steep slopes in a residential neighborhood. Even if it is not designed for recreation purposes, children will still be attracted to it. She referred to a fatality in Eagan during 2000 storms. Robin St. Ana, 346 Cimarron Road, asked the Council to consider the storm water matter separately from the Palomino East settlement. An issue of safety has been raised and that impact on the neighborhood should be considered. Jan Rybar, 12807 Germane Avenue, said his home backs onto Hidden Pond where the storm water flows. The water level fluctuates now and he expressed concern about adding additional flow rather than preserving the existing wetland. The pond level has increased since Hidden Ponds Apartment was built and the entire drainage area for the pond should be reviewed. Tony Borgman, 373 Cimarron Road, expressed concern about misinformation used in calculations for the Palomino East property. As an example, in 1998 the tree preservation plan identified four trees that were on his property. The trees were then identified on the developer’s property. He checked the survey again and they are on his property and should not be counted as trees saved in the project. Huel Scherer, 100 Cimarron Road, asked the Council to consider two issues. One is use of eminent domain to acquire easements. He said he does not believe the Settlement Agreement binds the Council to use condemnation. The other is to avoid flooding Cedar Avenue. A 1988 analysis showed it might flood to five feet if additional water is drained to it. David Keller, of Grannis & Hauge representing the neighbors, spoke about changes in storm sewer planning over the past 30 years. Even though this is a sanitary sewer and water project, a pond is being constructed as part of the storm sewer system. That is an issue downstream and should be addressed first. Councilmember Sterling asked for clarification as to how the project needs to proceed. Mr. Gordon said the water main is gravity flow and the project would not have water until it is connected. Sanitary sewer could be installed later and the Palomino East storm sewer could be installed without impacting the Galles Addition area. Pat Kriegel, 349 Cimarron Road, said the school bus stops at the corner of Pennock and Cimarron and children crawl down the slope and play around the pond now. They will continue to play there and she asked the City to consider installing a fence by the pond. After everyone was given an opportunity to speak, the hearing was declared closed at 9:43 p.m. The Mayor asked Staff to address the questions and concerns expressed. Downstream drainage and Mn/DOT concerns. Mr. Gordon showed the 403-acre area draining into Hidden Ponds now. An additional 12 to 13 acres are being added and were planned to be CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 7 included in the Hidden Ponds drainage area. The normal water level of the pond will not change and the high water bounce is calculated to increase about five inches and then come down. Mn/DOT will be contacted to confirm or deny plans for the Cedar Avenue storm sewer system. They are not normally contacted until after the project is ordered. Construction would not begin until permits are obtained. Mr. Lawell reviewed the process of obtaining bids for construction and said a contract would not be awarded unless the permits are obtained. Condemnation. Mr. Dougherty said if the public is using property, the City has an obligation to acquire lands it is using. He reviewed the process to acquire and noted easements are needed whether this project is ordered or not. Mr. Lawell said there are three situations that require the City to address required easements ; no building at all, the apartment building site, and the Galles Addition/Cimarron Road area. Can more water be held on the site? Mr. Gordon said yes, by constructing more ponds, larger ponds, or deeper ponds. Any of these options would be contrary to the site plan already approved and would require consent of the developer. Comparison to Eagan storm sewer system. Mr. Gordon said after storms in 2000, some changes were made to parts of the system in the northeast part of the City. Hidden Pond was high then, but did not flood. The proposed connection adds three percent to the drainage area or adds eight hours to the time it takes the pond to drain. Mr. Heuer said a pump for the pond has been replaced with a lift station since then. Galaxie Pond, into which Hidden Pond flows, has also been improved and should be able to handle the drainage. Eagan improved areas to bring its system to 100-year storm design standards with a three-foot freeboard on ponds. This is Apple Valley’s design. Some homes in the western part of the City were built too low and are on the 100-year flood elevation. The Stones’ house, at six inches above the calculated high water mark, is the lowest house in this area. Hazardous slope of pond. Mr. Gordon said the bounce of the pond after a rainfall is what is being discussed as a 10-foot depth. Calculations show that after 13 hours it would revert to normal. Mr. Dougherty said there is a level of risk in having any water body in the City. If it is determined that this a pond controlled by the State, it may not be able to be fenced. Mr. Kehrer said there is vegetation (trees and brush) on the pond slope now and that will remain. He also described the tree inventory process where a consulting firm not using a survey often does a preliminary plan. When the actual decision is made, it is based on a survey that now shows 46% of the trees will be removed. Cedar Avenue flooding and Mn/DOT permit. Mr. Gordon said it has not been determined how much flooding would be attributable to this development. Mr. Dougherty said if Mn/DOT does not approve a permit, the Council would have to look at whether it could award a bid for the work. The engineers would have to look at where else water could be stored. George Hoff, LMCIT appointed legal counsel, said if no permit is granted and no building permit is issued, the matter would be back in Court. CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2002 Page 8 Councilmember Sterling asked if the storm water issue could be dealt with before proceeding with sanitary sewer and water? Mr. Gordon said they can be handled simultaneously. All permits would be in place before proceeding. Mr. Dougherty said the property owner has paid for trunk costs and the City is required to furnish sanitary sewer and water. The Galles plat was approved 10 years ago showing water would drain to the Palomino East pond. Councilmember Grendahl suggested postponing action for two weeks to get an answer from Mn/DOT. Mr. Coyle said Mr. Watrud’s financing is contingent on City approval of the utilities and they expect to break ground in a matter of weeks. He could not say if the lender is willing to wait. If the project cannot proceed because of permits, they would be willing to cooperate to obtain them. There would be no commitment until bids for the work are actually received. Mr. Hoff said the Settlement Agreement had a time limit of June 28, 2002, for approvals and is not dismissed until a building permit and certificate of occupancy are issued. There is not an express time limit for other Council action, but it is implied that the Council cannot be dilatory and will act in good faith. MOTION: of Grendahl, seconded by Hamann-Roland, postponing action on Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements, until October 10, 2002, and directing Staff to provide information and identify how many homeowners would be affected by increased storm water flowing to Cedar Avenue and other questions raised at the hearing. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated September 23, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated September 18, 2002, in the amount of $507,987.30; and September 25, 2002, in the amount of $11,497,049.05. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:50 o’clock p.m.