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HomeMy WebLinkAbout09/25/2001CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 25th, 2001, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Ham ann-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 Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, 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. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, 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. Denise Louis, 15754 Hayes Trail, representing UNITE 196, spoke about the need to support the school system. She asked the Council to pass a resolution supporting District 196’s efforts to acquire resources necessary to maintain its programs. She left copies of a model resolution and information about the District’s November 6, 2001, levy referendum for the Council to consider. CONSENT AGENDA MOTION: of Grendahl, se conded by Goodwin, moving Seasons on the Park Natural Resources Management Permit to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approvin g the minutes of the regular meeting of September 13th, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001-175 MOTION: of Grendahl, seconded by Goodwin, adopting approving 2001 Special Assessment Rolls No. 494 through 498, for hearing purposes, in the CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2001 Page 2 total amount of $362,538.00, and setting the public hearing, at 8:00 p.m., on October 25, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-176 MOTION: of Grendahl, seconded by Goodwin, adopting approving 2001 Special Assessment Roll No. 500, for hearing purposes, in the total amount of $48,087.83 for delinquent utility charges, and setting the public hearing, at 8:00 p.m., on October 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Right of Entry and Temporary Construction License with Twin Cities Habitat for Humanity for a temporary construction staging area on part of Lot 2, Block 1, Apple Ponds 5th Addition, as attached to the Assistant Planner’s memo dated September 19, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a storage building to within five feet of the rear lot line on Lot 12, Block 3, Apple Valley East 2nd Addition (15240 Dresden Way), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving reduction of financial guarantees for : Fischer Market Place 5th Addition NRMP, from $3,350.00 to 0; Summerfield Townhomes NRMP, from $50,250.00 to $33,375.00; and The Summit, from $37,048.00 to $16,125.00. Ayes - 5 - Nays - 0. Resolution No. 2001-177 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Project 01-160, Deep Wells No. 3 and 7 Maintenance, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 18, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-178 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Lease of Five Loaders for Snow Removal to RDO Equipment Co., Inc., the low bidder, in the total amount of $74,949.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 6 to the contract with General Security Services Corporation for the Municipal Center Security System in the amount of an additional $1,481.25. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 30 to the contract with Shaw Lundquist, Inc., for the Municipal Center Construction Project the amount of an additional $12,203.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with Meisinger Construction Company for ALF Ambulance Office CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2001 Page 3 Expansion at Fire Station No. 1 in the amount of an additional $2,531.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Right of Entry for Fischer Sand & Aggregate to enter on City property northwest of 160th Street and Pilot Knob Road and take samples of granular material, at attached to the Community Development Director’s memo dated September 21, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving appointment of Jeffrey Kehrer as acting Natural Resources Coordinator as listed in the Personnel Report dated September 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a change in wage classification for Deborah Melton, in a part-time clerical position, as listed in the Personnel Report dated September 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated September 25, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SEASONS ON THE PARK NRMP Mayor Hamann-Roland asked how residents in the Seasons on the Park subdivision will be made aware of the purpose of areas identified as ponds? Mr. Gordon said the ponds on site are for storm water infiltration and will not be lined. Both ponds will eventually drain to Farquar Lake. The lot boards being prepared by the developer for potential buyers should show them as marsh areas rather than ponds. MOTION: of Sterling, seconded by Goodwin, approving a Natural Resources Managemen t Permit for Seasons on the Park subdivision as recommended in the City Engineer’s memo dated September 21, 2001, with ponding areas labeled as “marsh”. Ayes - 5 - Nays - 0. INTRODUCTION OF NEW POLICE OFFICER Police Captain Anglin introduced Tara Becker, the newest Police Officer hired by the City. She was originally hired as a Community Service Officer last September. The City Clerk administered the oath of office to Officer Becker and Police Chief Johnson presented her with her official badge. The Council welcomed her to her new position. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2001 Page 4 JAN GRAFF RETIREMENT Police Captain Lohse commented on working with Janice Graff, Police Records Supervisor, who is retiring. She began work at the City in 1978 and has been responsible for the Police records system, technology changes and many other activities. Ms. Graff thanked the members of the Department for their patience with her over the years and the Council for its support. Mayor Hamann-Roland presented a key to the City and an engraved apple to her. SOUTHPORT CENTRE 2ND EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 8:23 p.m., to consider vacating part of an easement on Lot 1, Block 1, Southport Centre 2nd Addition, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed her memo, dated September 20, 2001, describing the proposed vacation, at the southwest corner of 151st Street and Garrett Avenue, where Target Greatland is constructing an addition to its building. The property will be combined with a triangular piece and an easement relocated on a new plat. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:25 p.m. Resolution No. 2001-179 MOTION: of Erickson, seconded by G oodwin, adopting completing vacation of part of the drainage and utility easement on Lot 1, Block 1, Southport Centre 2nd Addition. Ayes - 5 - Nays - 0. REGATTA VILLAGE APARTMENTS Mr. Lovelace reviewed the Planning Commission recommendation concerning development of Outlot C, Regatta 3rd Addition, east of Foliage Avenue between 157th and 158th Streets, as Regatta Village Apartments. The project includes four 56-unit buildings and a 3,200 square-foot management office on 12 acres. An amendment to the planned development zoning is required to allow a maximum building height of 50 feet in Zone 7. Building permit authorization for the management office is not included in this application and will be submitted at a later date. The outlot will also need to be replatted prior to building permit issuance. Councilmember Sterling asked if all four of the buildings will be constructed at once or if construction will be phased? Mr. Lovelace said he understands the developer intends to construct the four buildings at the same time. Ordinance No. 700 MOTION: of Erickson, seconded by Grendahl, passing amending Section A23-5(a) of Appendix A of the City Code by allowing a maximum building height of 50 feet in Zone 7 of Regatta Planned Development Designation No. 632, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2001 Page 5 Resolution No. 2001-180 MOTION: of Grendahl, seconded by Sterling, adopting approving the site plan and authorizing issuance of building permits to allow for construction of four 56-unit apartment buildings on Outlot C, Regatta 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MAJESTIC RIDGE SUBDIVISION Ms. Bodmer reviewed the Planning Commission recommendation on the proposed Majestic Ridge subdivision located southeast of 138th Street and Cedar Avenue. It is proposed for seven single- family lots on 2.82 acres. A rezoning from R-3 to R-CL is requested to allow reduced setbacks, lot widths and lot areas. They are still exploring whether Lot 1 could take access from Georgia Drive. The grade change is extreme in that area and the Attorney’s office is reviewing the actual right-of-way location Councilmember Sterling questioned the sizes of Lots 5 and 6 and asked if the subdivision could be reduced to six lots to be more comparable with existing lots to the east? Bill Diedrich, the developer, said due to the cost of land, it would not be economically feasible to reduce the number of lots. The adjoining neighbors have agreed with the plan as long as additional trees are planted along the rear lot lines. Councilmember Erickson said he is concerned about the proximity to Cedar Avenue and loss of trees on the site. Ms. Bodmer reviewed the tree preservation plan included in the report. Councilmember Goodwin asked what types of homes could be constructed on the lots? Mr. Diedrich reviewed examples of a couple of split level homes that could be built. He noted the difficulty in working with a cul de sac. The option of moving the end of the cul de sac farther north and having long private drives to the end lots was discussed, but determined to be not practical. Councilmember Grendahl asked what other option Mr. Diedrich might have for the property? Mr. Diedrich said he might have to consider townhomes with a private street. Councilmember Goodwin asked if some other turn-around, such as a hammerhead, could be used instead of a cul de sac? Mr. Diedrich said he would be willing to come back to the Council with different exhibits showing alternate layouts for the site. MOTION: of Grendahl, seconded by Goodwin, at the request of the petitioner, extending the 60-day rule for a decision the proposed Majestic Ridge subdivision, to consider alternative road or cul de sac options at the meeting of October 9, 2001. Ayes - 5 - Nays - 0. JOINT MEETING WITH PLANNING COMMISSION CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2001 Page 6 MOTION: of Erickson, seconded by Sterling, subject to Planning Commission approval, setting a joint informal meeting with the Planning Commission, at 7:00 p.m., on December 12, 2001, to review recent development projects, as described in the Community Development Director’s memo dated September 20, 2001. Ayes - 5 - Nays - 0. POLICE SERVICES JOINT POWERS AGREEMENT MOTION: of Goodwin, seconded by Sterling, appr oving a Police Services Joint Powers Agreement with the City of Chaska for off-duty police officer security services at Chaska High School on September 28-29, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated September 21, 2001, with a calendar listing upcoming events. It was noted this is the last meeting in this City Hall building. Offices will be moved to the new Municipal Center, at 7100 West 147th Street, effective October 1, 2001. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check register dated September 19, 2001, in the amount of $520,655.24. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:30 o’clock p.m.