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HomeMy WebLinkAbout04/10/2003CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 10th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hama nn - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Assistant Planner Bod mer, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Strauss, and Fir e 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 Bergman, approving the agenda for tonight’s meeting as amende d. Ayes - 5 - Nays - 0. AUDIENCE - SENIOR CITIZENS’ PROPERTY TAXES Mayor Hamann - Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. George Yaghsezian, 1080 Rome Court, said he had discussed freezing property taxes for senior citizens with the City Finance Director who advised him this was a state legislative matter. He has attempted, unsuccessfully, to contact Senator Knutson and Representative Gerlach about the matter and is now asking the Council to consider a proposal. He suggested freezing property tax increases for senior citizens. The freeze could be limited to those over age 65 who have lived in the City for a certain time period such as 20 or 25 years. Councilmember Grendahl asked if he had approached the School District or County about the proposal. He said he had not. Councilmember Goodwin said it was correct to refer him to the legislators since they are the ones who write the laws. This proposal has to be addressed on a stat e level; the City cannot do it. Mayor Hamann - Roland offered to meet with him the week after next to discuss the proposal. Councilmember Bergman suggested Senator Knutson and Representative Gerlach be invited to attend the meeting also. CONSENT AGENDA CITY OF APPLE VA LLEY Dakota County, Minnesota April 10, 2003 Page 2 M OTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of March 27th, 2003, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the minutes of the special meeting of April 3rd, 2003, as written. Ayes - 4 - Nays - 0 (Hamann - Roland Abstained). MOTION: of Bergman, seconded by Goodwin, proclaiming Apr il 13 to 19, 2003, as “National Public Safety Telecommunications Week” in honor of Public Safety Dispatchers whose diligence and professionalism keep the City and citizens safe. Ayes - 5 - Nays - 0. Resol ution No. 2003 - 66 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $150.00 from Southern Dakota County Labor Council toward the purchase of a tree to be planted in Lebanon Cemetery. Ayes - 5 - Nays - 0. Resolution No. 2003 - 67 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the CAP Agency, Inc., for a raffle on April 27, 2003, at Valley Middle School, 900 Garden View Drive, and waiving any waiting period for State appro val. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting a public auction and sale to dispose of unclaimed bicycles and surplus City property, on May 1, 2003, beginning at 5:30 p.m., at Central Maintenance Facility, as described in the City Clerk’s memo dated April 7, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Joint Powers Agreement with the City of Burnsville for a diagnostic/feasibility study of Lake Alimagnet to assess the status of the watershed , nutrient dynamics, and potential lake management options; as attached to the Natural Resources Coordinator’s memo dated April 10, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Good win, approving a Professional Services Agreement with Bonestroo, Rosene, Anderlik & Associates, Inc., to perform a diagnostic/ feasibility study of Lake Alimagnet, at a cost of $49,960.00; as attached to the Natural Resources Coordinator’s memo dated April 10, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VA LLEY Dakota County, Minnesota April 10, 2003 Page 3 MOTION: of Bergman, seconded by Goodwin, setting a public hearing to consider amendments to the current Business Subsidy Policy, at 8:00 p.m., on April 24, 2003, t o comply with amendments to Minnesota Statutes 116J.993 - 995, as described in the Community Development Director’s memo dated April 7, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 68 MOTION: of Bergman, seconded by Goodwin, adopting awarding a contract for Project 00 - 164, The Legacy of Apple Valley Utility and Street Improvements, to Richard Knutson, Inc., the low bidder, in the amount of $1,373,767.73. Ayes - 5 - Nays - 0. Resolution No. 2003 - 69 MOTION: of Bergman, seconded by Goodwin, adopting awardi ng a contract for Project 03 - 221, Deep Well No. 18 Construction, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $197,670.00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 70 MOTION: of Bergman, seconded by Goodwin, adopting supporting legislat ion to provide improved funding options for city street improvements and maintenance programs. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $25,000.00 from the Park Dedication/Maintenance Fund for projects as recommended by the Parks and Recreation Advisory Committee and described in the Parks and Recreation Director’s memo dated April 7, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Brian Plantz for the position of P olice Officer as listed in the Personnel Report dated April 10, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated April 10, 2003. Ayes - 5 - N ays - 0. END OF CONSENT AGENDA PROJECT 03 - 215, KNOB RIDGE BUSINESS PARK IMPROVEMENTS Mayor Hamann - Roland called the public hearing to order, at 8:08 p.m., to consider Project 03 - 215, Knob Ridge Business Park Utility Improvements, and noted receipt of th e affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated March 5, 2003, describing the project on the site located in Valley Business Park, west of Energy Way and north of County Road 42. A future Cit y well site is located on the property and a raw water line connecting to the Water Treatment Plant will be constructed with the project. Well construction is anticipated in CITY OF APPLE VA LLEY Dakota County, Minnesota April 10, 2003 Page 4 the 2006 - 2010 time frame. The Mayor asked for questions or comments from the Cou ncil and the audience. There were none and the hearing was declared closed at 8:11 p.m. Resolution No. 2003 - 71 MOTION: of Bergman, seconded by Grendahl, adopting ordering installation of Project 03 - 215, Knob Ridge Business Park Utility Improvements. Aye s - 5 - Nays - 0. Resolution No. 2003 - 72 MOTION: of Erickson, seconded by Bergman, adopting approving plans and specifications for Project 03 - 215, Knob Ridge Business Park Utility Improvements, and authorizing advertising for receipt of sealed bids, at 2: 00 p.m., on May 15, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 73 MOTION: of Bergman, seconded by Grendahl, adopting approving the final plat of Knob Ridge Business Park (replat of part of Valley Business Park), waiving the requirement for a subdivis ion agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. COBBLESTONE LAKE CONSTRUCTION HOURS Mr. Lovelace reviewed his memo dated April 7, 2003, describing the request of Tradition Development for extended equipment operating hours for grading and utility installation in Cobblestone Lake 3rd Addition. The City Code allows such work between 6:30 a.m. and 5:30 p.m., Monday through Friday. The request is for operating hours between 7:00 a.m. and 7:00 p.m., Monday thro ugh Saturday. In the past, this site was a gravel mining operation that had extended hours. The operator was very responsive to nearby residents concerns about dust and noise. Because the 3rd Addition is directly south of the Apple Valley East neighborh ood, it is recommended the Saturday hours be limited to 8:00 a.m. to 5:30 p.m. MOTION: of Erickson, seconded by Goodwin, approving extended equipment operating hours for Tradition Development’s grading and utility installation in Cobblestone Lake 3rd Addi tion, between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 8:00 a.m. and 5:30 p.m., Saturday; as described in the City Planner’s memo dated April 7, 2003. Ayes - 5 - Nays - 0. DAHLE OAKS TOWNHOMES Ms. Bodmer reviewed the Planning Commissi on recommendation on Dahle Oaks Townhomes, proposed for 15 units on a 5.4 - acre site at 12810 Galaxie Avenue. The site is zoned R - 1 (single family, 40,000 square foot minimum lot size) and would need to be rezoned to M - 2C (multiple family, 3 - 5 units/acre) to allow the development. One public street is proposed, terminating in a temporary cul de sac that could be extended into property to the south. She reviewed landscape, tree preservation, and grading plans and comments received at the Planning Commissio n public hearing. The Planning Commission made a recommendation for approval on a vote of four in CITY OF APPLE VA LLEY Dakota County, Minnesota April 10, 2003 Page 5 favor and three opposed. Those opposed indicated this site would be appropriate to remain as single family residential. Chuck Ryan, of Dahle Brothers, revi ewed building plans noting the units would be similar to the Dahle Pines Townhomes now being completed. The units would be rambler style, marketed toward empty nesters. They would maintain a 30 - foot buffer next to the pond. He reviewed grading and tree preservation plans showing a comparison of eight single - family lots with the 15 townhouse units. Single family lots would result in greater tree loss and the potential for additional future tree loss as homeowners remove trees to develop yardspaces. Ken Arndt, Urban Forester for Pioneer Engineering, reviewed the tree preservation plan and steps that would be taken to save additional trees with retaining walls. He described measures that would be taken to prevent damage by equipment during construction. The plan indicates that 151 trees or 43.9 percent of the trees would be saved. Councilmember Bergman said he has looked at the site several times and the Comprehensive Plan indicates some R - 1 zoning will remain in the City. That would mean only four sing le - family lots could be developed, but this site would be appropriate for that zoning. Councilmember Goodwin said he lives in a townhome area and there is not much R - 1 zoning left in the City. This property, with mature trees, should be preserved and wou ld maintain diversity of housing in the City. Councilmember Erickson agreed and said water quality of the pond is also a factor in preserving the site. This is an area where there should probably only be four lots. Mayor Hamann - Roland said Dahle Brother s is a quality building and opposition to the development is not a reflection on them. The townhouse development would be a good project on other sites in the City. Councilmember Grendahl said R - 1 zoning exists on the site and nothing has been presented as a reason to rezone the property. MOTION: of Erickson, seconded by Grendahl, passing an ordinance rezoning property at 12810 Galaxie Avenue from R - 1 (single family residential, minimum 40,000 square foot lot size) to M - 2C (multiple family residential, 3 - 5 units per acre), as recommended by the Planning Commission. Ayes - 0 - Nays - 5. MOTION: of Erickson, seconded by Grendahl, adopting a resolution approving the preliminary plat of Dahle Oaks Townhomes, at 12810 Galaxie Avenue, for 15 units, with condi tions, as recommended by the Planning Commission. Ayes - 0 - Nays - 5. CITY OF APPLE VA LLEY Dakota County, Minnesota April 10, 2003 Page 6 MOTION: of Grendahl, seconded by Goodwin, adopting a resolution approving the site plan and authorizing issuance of a building permit for Dahle Oaks Townhomes, at 12810 Galaxie Avenue , with conditions, as recommended by the Planning Commission. Ayes - 0 - Nays - 5. Resolution No. 2003 - 74 MOTION: of Erickson, seconded by Bergman, adopting making findings of fact, conclusions, and rendering a decision for denial of the rezoning and dev elopment proposal for Dahle Oaks Townhomes, at 12810 Galaxie Avenue, for reasons and issues detailed in the resolution. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated April 7, 2003, with a calendar listing upcoming even ts. CLAIMS AND BILLS MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated April 3, 2003, in the amount of $15,020,028.33; and April 10, 2003, in the amount of $8,581,857.24. Ayes - 5 - Nays - 0. CLOSE MEETING, LA BOR NEGOTIATIONS Mr. Dougherty reviewed the provisions of M.S. 471.705 that allow the Council to close a meeting to consider labor negotiations strategy. The Council has been asked to meet in closed session to discuss Police Officers and Sergeants LELS a nd Public Works AFSCME Union negotiations. MOTION: of Goodwin, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss Police Officers and Sergeants LELS and Public Works AFSCME Union negotiations. Ayes - 5 - Nays - 0. The meeting was closed at 9:23 p.m. Mayor Hamann - Roland Councilmembers Bergman, Erickson, Goodwin, and Grendahl convened in the Regent Conference Room, at 9:34 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, Huma n Resources Manager Strauss, Labor Consultant Frank Madden, Public Works Director Heuer, Police Chief Johnson, and Police Captains Anglin and Lohse. The meeting was tape recorded as required by law. Mr. Dougherty advised the Council that its discussion m ust be limited to matters for which the meeting was closed. The Council reconvened in open session at 10:39 p.m. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:40 o’clock p.m.