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HomeMy WebLinkAbout06/14/2001CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 14th, 2001, at 8:00 o’clock p.m., at Apple Valley City Hall. 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 Hills, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Natural Resources Coordinator Colleran, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Assistant Planner Milton, and Administrative Assistant Pederson. 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 Grendahl, seconded by Erickson, approving the agenda for to night’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. No one was present to speak. The Mayor asked Fire Chief Wassmund to report on house fires June 12th and 13th, 2001. Chief Wassmund said seven homes were affected in two different areas of the City. The cause has not been determined, but lightening strikes apparently affected natural gas meters. He thanked Eagan, Lakeville and Rosemount Fire Departments for their mutual aid responses. The Council thanked all emergency personnel for their work this week. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of May 31st, 2001, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming June 14, 2001, as “Flag Day” and thanking all citizens who participate in the pledge of allegiance to the flag and the Nation. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proclaiming June 22, 2001, as National Small Cities “Investing in Communities Day” encouraging working together to invest in small cities to better the lives of all citizens. Ayes - 5 - Nays - 0. Resolution No. 2001-91 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $6,000.00 from Apple Valley American Legion Post 1776 toward sponsorship of the 2001 4th of July parade. Ayes - 5 - Nays - 0. Resolution No. 2001-92 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $600.00 from Apple Valley American Legion Post 1776 toward sponsorship of recreational leagues. Ayes - 5 - Nays - 0. Resolution No. 2001-93 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1986 Nissan automobile from Tyrone and Tina Christianson for use by the Fire Department in training. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a Temporary On-Sale Liquor License to Apple Valley American Legion Post 1776, for use on July 3 and 4, 2001, outdoors on its property at 14521 Granada Avenue, as described in the City Clerk’s memo dated June 11, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-94 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Dakota County 40 & 8, Voiture 1457, for an event on July 28 and 29, 2001, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Gre ndahl, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Dakota County 40 & 8, Voiture 1457, for use on July 28 and 29, 2001, at 14521 Granada Avenue, as described in the City Clerk’s memo dated June 11, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing overnight camping at Johnny Cake Ridge Park on June 22-23, 2001, in connection with the Relay for Life fund raiser as described in the Parks and Recreation Director’s memo dated June 8, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Intergovernmental Agreement with the Metropolitan Council for the 2001 Citizen Assisted Lake Monitoring CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 3 Program as attached to the Natural Resources Coordinator’s memo dated June 14, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-95 MOTION: of Sterling, seconded by Grendahl, adopting establishing revised uniform land values for calculating cash in lieu of land contributions for public land dedications resulting from subdivisions, at $40,000 per acre for residential, $50,000 per acre for industrial, and $100,000 per acre for commercial uses. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback varia nce to allow construction of a garage addition to within 27 feet of the rear lot line on Lot 1, Block 1, Watrud 1st Addition (401 Reflection Road) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of the subdivision financial guarantee for Cedar Isle Country Homes, from $24,048.00 to $11,704.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 23 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $7,506.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Lease Agreement with the Metropolitan Airports Commission for location of a remote noise monitoring tower on Outlot A, Briar Oaks of Apple Valley 2nd Addition as attached to the Administrative Assistant’s memo dated June 14, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-96 MOTION: of Sterling, seconded by Grendahl, adopting restricting parking, from 8153 to 8175, on the cul de sac, Upper 145th Street; from September 1 to June 15, Monday through Friday, 7:00 a.m. to 3:00 p.m.; and authorizing installation of signage. Ayes - 5 - Nays - 0. Resolution No. 2001-97 MOTION: of Sterling, seconded by Grendahl, adopting restricting parking on sections of Garden View Drive, south of County Road 42, and Whitney Drive, in connection with driving lane narrowing traffic calming measures, and authorizing installation of signage. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement, to provide Playground Equipment in Heritage Park, with Webber Recreational Design, Inc., in the amount of $34,970.70, as attached to the Parks and Recreation Director’s memo dated June 11, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 4 MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Kunde Co., Inc., for 2001 Contract Tree Inspection Services, as attached to the Natural Resources Coordinator’s memo dated June 14, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing establishing a new full-time Maintenance I position at the Central Maintenance Facility as listed in the Personnel Report dated June 14, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Timmothy Kiminski for the full-time position of Street Maintenance I, effective June 18, 2001, as listed in the Personnel Report dated June 14, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 14, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PRAIRIE CROSSING COMMERCIAL PROPERTY ACQUISITION Mr. Kelley reviewed the appeal by C.W.B. Development of payment terms in connection with land acquisition for Prairie Crossing Commercial as described in his memo dated June 8, 2001. The developer agreed to pay the cost of acquiring Outlot A, Apple Valley East, and escrowed $30,000.00 for the purchase. As a result of condemnation proceedings, the actual award was $40,545.99. The developer has asked for reconsideration of the terms of the purchase. Mike Falk, of C.W.B. Development, was present and commented on increased costs due to approval process changes by the County and right-of-way acquisitions for County Road 33 and Dodd Boulevard realignment. Based on estimates, one and one-half the value of Outlot A was escrowed. They were surprised to see the final negotiated amount at double the estimate. They do not believe the small lot had a value of $3.10 per square foot and ask that the $30,000 escrowed be accepted as payment. He acknowledged the purchase agreement is valid, but asked for reconsideration because of the excessive final cost. Mr. Lawell noted the cost being charged is the actual cost paid to the landowner and the property was included in C.W.B.’s subdivision. The County Attorney handled the condemnation proceedings and this is what was paid. Mr. Kelley described the condemnation process and negotiated settlement. The Council thanked Mr. Falk for bringing the issue to its attention, but noted there are risks in condemnation actions. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 5 MOTION: of Goodwin, seconded by Erickson, denying the appeal of C.W.B. Development for full payment of costs to acquire Outlot A, Apple Valley East, and directing Staff to complete collection of $10,545.99, as recommended in the Community Development Director’s memo dated June 8, 2001. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE P.D. AMENDMENT Mr. Lovelace reviewed the Planning Commission recommendation on a proposed amendment to the planned development for Fischer Market Place to reduce building setbacks from Florence Trail. A building was designed with Old Navy as one of the tenants and is under construction at the southeast corner of 147th Street and Florence Trail. That business will not be locating in the building and it is being redesigned for different tenants. Paul Bilotta, of Birchland Development, was present and described the proposal; locating Barnes & Noble on the west end of the building and Designer Shoe Warehouse in the Old Navy space. He reviewed sketches showing use of a glass treatment on the west side of the building. Councilmember Goodwin asked if a setback of 18 feet is acceptable for a building of this size? Mr. Kelley noted the setback is 18 feet from the property line with another approximately 15 feet of boulevard area to the street curb. Ordinance No. 693 MOTION: of Erickson, seconded by Sterling, passing amending Section A24-5(a)(1), of Appendix A, of the City Code by allowing a reduced building setback from Florence Trail, with conditions, in Zone 1 of Planned Development Designation No. 646, Fischer Market Place, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. DALSETH DENTAL CLINIC Ms. Bodmer reviewed the Planning Commission recommendation on a proposed 7,000 square- foot dental clinic proposed for the southeast corner of 145th Street and Cedar Avenue. The request includes a conditional use permit for alternate exterior building materials from the face brick or natural stone required. Chad Healy, of Altus Architecture, was present to describe the proposed building. The exterior is designed with a combination of oversized decorative concrete block, hardi-panel, brick, and stucco to break down the scale of the building. He showed renderings of the building and noted the colors are more earth-toned than appear on the drawings. Councilmember Goodwin said he would like to see samples of the actual materials and colors before taking action on the request. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 6 MOTION: of Sterling, seconded by Grendahl, tabling cons ideration of a conditional use permit for alternate exterior building materials for a dental clinic on Lot 1, Block 1, Christian Science Society; until June 28, 2001, for review of samples of the building materials. Ayes - 4 - Nays - 1 (Erickson). APPLE PONDS 6TH ADDITION Ms. Milton reviewed the Planning Commission recommendation on the proposed Apple Ponds 6th Addition located northwest of 160th Street and Garrett Path. She gave a brief history of the site now owned by the City as part of a large lot containing a storm water pond. It is proposed to plat two lots, of 11,000 square feet each, fronting on Garrett Path. The lots would be rezoned to single family residential and transferred to Twin Cities Habitat for Humanity (TCHFH) for construction of two houses. Before the property can be rezoned, a Comprehensive Plan amendment must be approved. She reviewed comments raised at the public hearing and Staff responses contained in the report including appropriateness of the site for affordable housing. Stephen Seidel, Executive Director of TCHFH, distributed packets of information about the organization which builds homes and sells them to families. He described requirements and training that must be met for families to be considered for the homes. The homes are sold with zero interest mortgages. TCHFH is requesting development of two lots to maximize its construction resources. Ryan Cairns, Land Development Manager for TCHFH, described materials used in constructing the houses. He showed sketches of the proposed houses; a split entry on the north lot and a two- story on the south lot; both backing up to the existing pond. He addressed concerns raised about the level of the full basement on the two-story house. It will be three feet above the highest flood level of the pond. Larry Graves, volunteer with TCHFH and resident, described his experiences working with the organization. They built two houses in Burnsville and are building eight in Woodbury and believe homes are needed in Apple Valley now. Jean Cavanaugh, a member of the TCHFH Board and resident, described meeting families who have purchased other TCHFH homes. She also described volunteers’ experience working on the homes and asked the Council’s support. Steve O’Malley, Burnsville Deputy City Manager, described his City’s experience with two homes built last year. The lots were tax forfeit parcels that the City was able to acquire and transfer. The homes fit into the neighborhood and the families have become part of the community. He showed photos of the homes located a couple of blocks apart. The biggest challenge for TCHFH is finding land on which to build. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 7 Councilmember Grendahl asked whether the original proposal was for one or two lots? Ms. Milton said the original request was for three lots. It was determined that only two lots could be developed on the site due to location of a storm water line. Councilmember Grendahl asked whether it can be stipulated that homebuyers be from Apple Valley? Mr. Seidel said they do not limit families that apply to the program. Most families live or work in the vicinity of the homes and have a reason to want to be in a particular City. A selection committee reviews the applications and makes the decision. Councilmember Sterling asked how house payments are calculated? Mr. Seidel said they estimate a $550.00 monthly payment based on $300.00 principal, $200.00 for taxes and insurance, and $50.00 for a maintenance fund. If the buyers move, they have offer TCHFH the first opportunity to buy back the house on a set formula. Councilmember Goodwin asked for a comparison of lot sizes and proposed construction to other homes in the neighborhood. He asked if contingencies can be placed in the transfer agreement on the appearance of the homes? Ms. Milton compared some of the lots and said the planned development required minimum lots of 8,400 square feet for interior lots and 11,000 square feet for corner lots. Lots immediately north on Garrett are larger and also abut the pond. Mr. Cairns said TCHFH uses a variety of siding materials and is open to incorporating design elements in the agreement. There are some limitations as far as constraining costs and they would have to review the designs. Councilmember Sterling said the split entry design appears to fit the neighborhood and asked if there are any other two-story houses in the area? Ms. Milton said there are not. She noted the grading has been modified, by having a house with a full basement, so that a fence is not necessary for the retaining wall. Ms. Colleran commented on plantings that will be required for the wetland buffer along the pond slope. Councilmember Grendahl asked if the two lots can be considered separately? Mr. Seidel said they really want to proceed with two lots. They have found two lots in many other cities and it makes the project more viable. Councilmember Goodwin said the biggest concern for the neighborhood is the appearance of the homes. People in the neighborhood want them to look as good as other homes. Mr. Seidel said a redevelopment agreement needs to be prepared and TCHFH is willing to try and satisfy that concern and modify the plans. MOTION: of Erickson, seconded by Goodwin, adopting a resolution authorizing submitting an amendment to the Comprehensive Plan; changing 22,000 square feet of Lot 2, Block 1, Apple Ponds 5th Addition, from “HD” to “LD” on Land Use Guide Map; to the Metropolitan Council as recommended by the Planning Commission. Ayes - 3 - Nays - 2 (Grendahl and Sterling). Motion Failed. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 8 MOTION: of Erickson, seconded by Grendahl, adopting a resolution authorizing submitting an amendment to the Comprehensive Plan; changing 11,000 square feet of Lot 2, Block 1, Apple Ponds 5th Addition, from “HD” to “LD” on Land Use Guide Map; to the Metropolitan Council (proposed Lot 2, Block 1, Apple Ponds 6th Addition) as recommended by the Planning Commission. Councilmember Sterling asked if only one lot is approved, will TCHFH proceed to build? Mr. Seidel said he would have to have his Board address that question. Its next meeting is June 19, 2001. MOTION: of Grendahl, seconded by Sterling, tabling consideration of the Comprehensive Plan amendment for proposed Apple Ponds 6th Addition until June 28, 2001. Ayes - 5 - Nays - 0. Bobbi Li Hyster, resident of the Apple Ponds neighborhood, commented on growing up as a welfare child and appreciating a home. She supported building homes on both lots. Bill Ireland, 148 Shasta Court, spoke in support of building both homes. PROPERTY MAINTENANCE REGULATIONS Mr. Lawell gave the second reading of an ordinance amending City Code Chapter 12 by establishing property maintenance regulations as attached to his memo dated June 7, 2001. The purpose is to ensure that building exteriors are kept in good repair, erosion of soil and accumulations of water are prevented, and private sidewalks and driveways are maintained free from hazardous conditions. Ordinance No. 694 MOTION: of Erickson, seconded by Goodwin, passing amending Chapter 12 of the City Code by adding Section 12-30 establishing property maintenance regulations and setting standards for repair of building and structure exteriors. Ayes - 5 - Nays - 0. CIVIL PENALTIES FOR ALCOHOLIC BEVERAGE SALES VIOLATIONS Ms. Hills gave the second reading of an ordinance amending City Code Chapter 3 by imposing civil penalties for alcoholic beverage sales violations as attached to the memo dated May 24, 2001. The provision in state law allows penalties up to $2,000 for each violation. The State advised cities that it will begin imposing penalties if the cities do not. The penalties would be imposed administratively and begin at $75.00 for a first violation. Ordinance No. 695 MOTION: of Grendahl, seconded by Sterling, passing amending Section 3-53 of the City Code, by establishing civil penalties for alcoholic beverage sales violations, and Section 1-23 of the City Code, by setting a fee schedule to be imposed for such violations. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 14, 2001 Page 9 COMMUNICATIONS & CALENDAR The Council received a memo dated June 11, 2001, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated June 7, 2001, in the amount of $9,046,914.86; and June 13, 2001, in the amount of $10,232,341.28. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Ms. Hills advised the City Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss the status of threatened and pending litigation. The item to be discussed involves Joel Watrud/Palomino East Apartment pending litigation. MOTION: of Grendahl, seconded by Sterling, to close the regular meeting and convene in closed session to discuss threatened and pending litigation related to the Watrud/Palomino East pending litigation. Ayes - 5 - Nays - 0. The meeting was closed at 11:12 p.m. and the Council convened in the Conference Room, at 11:15 p.m., along with Attorney George Hoff, City Attorney Hills, City Administrator Lawell, City Clerk Mueller, and Community Development Director Kelley. Ms. Hills advised the Council that its discussion must be limited to the legal matters and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 11:40 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:41 o’clock p.m.