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HomeMy WebLinkAbout10/09/2001CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 9th, 2001, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Ha mann-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 City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Administrative Assistant Pederson, 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 Sterling, approving the agenda for tonight’s meetin g 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. Representative Chris Gerlach gave a brief overview of the 2001 Omnibus Tax Bill. He commented on the goals; equal tax relief across the state and reform to make property tax a local tax. The general education levy and transit operating levy were taken over by the state. Homestead credit aid was eliminated and local government aid was redistributed. Property tax classifications have been adjusted and a new statewide business property tax implemented. Overall the net result is an average 18.8% reduction in total property taxes for Apple Valley property owners. 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 September 25th, 2001, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming October as Breast Cancer Awareness Month and October 19th, 2001, as National Mammography Day. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proc laiming October 16th through November 23rd, 2001, as 2001 Minnesota Manufacturers and Technology Month. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving designation of Weston J. Seifert as General Manager for Old Chicago, in connection with its on-sale liquor license, at 14998 Glazier Avenue, as described in the City Clerk’s memo dated October 5, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving designation of Christopher M. Turner as Manager for Chipotle Mexican Grill, in connection with its on-sale beer and wine licenses, at 7638 West 150th Street, as described in the City Clerk’s memo dated October 5, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Contract for Use of Fire Safety House with the City Rosemount for Fire Prevention Week activities on October 10 and 11, 2001, as attached to the Fire Marshal’s memo dated October 2, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, confirming scheduling a joint informal meeting with the Planning Commission, at 7:00 p.m., on December 12, 2001, as described in the Community Development Director’s memo dated October 5, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-181 MOTION: of Sterling, seconded by Grendahl, adopting electing to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving release of the $142,265.00 financial guarantee for Hidden Ponds 3rd Addition Utilities. Ayes - 5 - Nays - 0. Resolution No. 2001-182 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 99-119, Cobblestone Lake Phase One Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on November 8, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-183 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 99-119, CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 3 Cobblestone Lake Phase One Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 2 to t he contract with Meisinger Construction Company for ALF Ambulance Office Expansion at Fire Station No. 1 in the amount of an additional $6,887.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 98-539, Cemetery Street a nd Parking Lot Improvements, as final and authorizing final payment on the contract with Valley Paving, Inc.-South, in the amount of $10,793.54. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, setting the City contribution towards employe e health/dental/life group insurance at $530.00 per month for eligible non-union employees effective January 1, 2002, as described in the Human Resources Manager’s memo dated October 4, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl , approving temporary assignment of Todd Kitzman to the position of Streets Foreman as listed in the Personnel Report dated October 11, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated October 11, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FIRE PREVENTION WEEK Fire Chief Wassmund reviewed the schedule of activities taking place during the week of October 8-12, 2001, for Fire Prevention Week, as detailed in his memo dated October 5, 2001. Open houses are being held at all three Fire Stations along with visits to schools and drills. Diamond Path School presented a check, in the amount of $3,079.72, that is being donated to New York firefighters’ relief on behalf of the Apple Valley Fire Department. He also informed the Council that the City received a 2000 Life Safety Award from the Residential Fire Safety Institute. The Council thanked him and the Department for all they do for the City. FISCHER MARKET PLACE 6TH EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 8:26 p.m., to consider vacating part of an easement on Lot 1, Block 1, Fischer Market Place 6th Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo, dated October 2, 2001, describing the proposed vacation, at the southeast corner of 147th Street and Florence Trail, where the Barnes and Noble building is being constructed. The easement is 30 feet wide in this area and an 18-foot wide easement for utilities is adequate. The Mayor asked for questions CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 4 or comments from the Council and the audience. There were none and the hearing was declared closed at 8:29 p.m. Resolution No. 2001-184 MOTION: of Erickson, seconded by Sterlin g, adopting completing vacation of part of the drainage and utility easement on Lot 1, Block 1, Fischer Market Place 6th Addition. Ayes - 5 - Nays - 0. MAJESTIC RIDGE SUBDIVISION Ms. Bodmer reviewed her memo dated October 5, 2001, describing revised layouts for the proposed Majestic Ridge subdivision, located southeast of 138th Street and Cedar Avenue, as requested by the Council. Three options were presented and all include seven lots. Of the three options, the third offers the most separation of new houses from the existing neighborhood. It would require variances for a hammerhead turn around, between Lots 5 and 6, and front building setbacks of 20 feet. The houses would be closer to Cedar Avenue than shown in the original cul de sac layout The Council asked whether there had been further comments from the neighborhood besides providing screening and additional trees along the rear lot lines. Ms. Bodmer said there was some concern about lot sizes and the distance of houses from the rear lot lines. One neighbor stated they preferred Option 3. The Council asked for information about snow removal issues if a hammerhead turn around were installed. Mr. Heuer said an additional 15 feet at the end of the hammerhead would be needed for snow storage. Parking would have to be prohibited in the hammerhead area. The south end of the street would have to be extended onto Lot 7 and its driveway adjusted to connect at a right angle to the street. Mr. Diedrich, the developer, showed a revised plan for Option 3 setting the houses on Lots 5, 6, and 7 at 35 feet from the street. He described the Palomino Lakeside Meadows area where smaller lots were allowed a number of years ago due to a pipeline location. He showed photos of current homes with trees that have matured. Councilmember Erickson asked what precedent might be set by allowing a hammerhead turn around? Ms. Bodmer said this is in-fill development and as these difficult sites are looked at they are trying to be creative. Once an option like this is allowed, it may lead to other requests. If it is allowed, the reasoning for approval should be specified. Paul Kinney, 13845 Glazier Court, said he prefers Option 3. It moves the new houses away from the back yards and saves trees. There is a powerline along the back yards and he would prefer screening done on the new lots. They would prefer allowing only two lots south of the existing house rather than three. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 5 Mayor Hamann-Roland asked Mr. Diedrich if he could develop the property as six total lots? He said he would have to consult with his partner, but the site would probably lose more trees if Lots 5 and 6 were combined. Ms. Bodmer reviewed the tree preservation plan and said it appears there would be no net gain. The cul de sac option removes more threes than the hammerhead option, but house pads would have to be located to determine which trees could be saved. Mayor Hamann-Roland asked Mr. Diedrich if he would agree to looking at the plan again and working with Staff to see whether the property could be developed with six lots? He indicated he would look at revisions. MOTION: of Goodwin, seconded by Sterling, at the request of the petitioner, extending the 60-day rule for a decision the proposed Majestic Ridge subdivision, to consider alternative lot and road options at the Council meeting of October 25, 2001. Ayes - 5 - Nays - 0. DCSWCD SERVICES AGREEMENT Mr. Heuer reviewed his memo dated October 9, 2001, concerning a proposed agreement with the Dakota County Soil and Water Conservation District (DCSWCD) for development review and construction site inspection services. The Dakota County Board approved the agreement on October 4, 2001. Brian Watson, District Manager, was present and said they currently have contracts with nine communities to provide these services and are flexible in working with different cities on their needs. They will review new development plans. During construction, they will make site inspections. They will also assist with administration or implementation of the Wetland Conservation Act. With the increased request for services, they will be dedicating an additional half time employee to work on contracts at the first of the year. MOTION: of Erickson, seconded by Goodwin, approving an Agreement for Development Review and Construction Site Inspection Services with the Dakota County Soil and Water Conservation District as attached to the Public Works Director’s memo dated October 9, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. HILLCREST ACRES/HOME DEPOT Mr. Lovelace reviewed the Planning Commission recommendation concerning Hillcrest Acres development; a 36-acre site located south of County Road 42 between Flagstaff and Foliage Avenues. Planned development zoning is requested for a variety of commercial uses along with a seven-lot preliminary plat. Home Depot is proposed to be constructed on Lot 6. He described the proposed building, access, landscape plans, storm water retention pond, and traffic circulation plans. The east-west drive and access to County Road 42 will be private streets. Only Flagstaff CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 6 and Foliage Avenues will be public streets. The developer submitted revised site and grading plans today John Dietrich, of RLK-Kuusisto, engineer for the developer, said they agree with the City Traffic Engineer’s recommendations on traffic circulation and general signage. They are requesting that the accent stripe on the Home Depot building be painted rather than glazed tile. The Menard’s building north of County Road 42 has a painted stripe and they are asking for that option. Cost is an issue due to the high cost of site development. Jennifer Maxwell, the architect for Home Depot, said a precedent was set with allowing a painted accent on Menard’s and they would like to be treated similarly. A provision in the building permit approval requires ongoing maintenance of the structure and would give the City authority to ensure maintenance and repair. The Council discussed the issue of the exception to the requirement for integrally colored building materials that allowed a painted band on the Menard’s building. Mr. Lovelace said he is not sure that the original intent was to allow an exception for Menard’s. The building was constructed with a common wall along the west and the band only appears on the front of the building. This is the first building in the Hillcrest Acres development and would set a precedent for the site. Another large building is a potential user for Lot 7 to the west. Ms. Maxwell said Home Depot might be willing to have the painted band trim only on the front of the building. If paint is not allowed, she would be willing to work with Staff to find an agreeable material. If the material is other than paint, they would like to consider putting it only on the front of the building. MOTION: of Erickson, seconded by Grendahl, directing Staff to begin preparation of a planned development ordinance and agreement for the 36-acre Hillcrest Acres site, allowing for a variety of commercial uses, subject to Planning Commission review of the draft prior to Council consideration, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-185 MOTION: of Erickson, seconded by Goodwin, adopting approving the seven-lot preliminary plat of Hillcrest Acres, located south of County Road 42 between Flagstaff and Foliage Avenues, with conditions, as recommended by the Planning Commission. Councilmember Sterling asked how many fast food restaurants will be allowed on the site? Mr. Lovelace said a limit of two Class II restaurants are being considered. The drive-thrus are being limited to restrict the number of vehicle trips that could be generated on the site. Gene Pedersen, representing the property owner, said they are only asking for one fast food restaurant with a drive-thru and one convenience store/gas station on the site. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 7 Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, including a provision in the planned development ordinance for Hillcrest Acres limiting the uses to allow one fast food restaurant with a drive-thru and one convenience store with gasoline sales. Ayes - 5 - Nays - 0. Mr. Dietrich said they agree with the requirement for a retaining wall and screening wall for Home Depot, but ask that the screening wall be 10 feet high instead of 13 1/2 feet. They do not agree with closing the drive aisle on the east side of the building and believe they can restrict customer traffic with signage. The drive aisle and 13 parking spaces are needed for access around the building and maintenance. Home Depot’s risk manager recommends it have access to all sides of a building due to hazardous materials it contains. They also want an outdoor display area for a garden center on the north side of the building. Mr. Lovelace said the 13 1/2-foot screening wall is the same as was required for Walmart. Approval of the separate outdoor garden center was not recommended. It was not recommended that the drive aisle on the east side be eliminated, only that it be terminated at the south end to prevent traffic from driving through. Glen Van Wormer, the City’s traffic consultant suggested a partial island could be used to restrict the south end to one lane along with signage. Mr. Lovelace said an outdoor garden center could be defined as a conditional use in the planned development ordinance and the requirements specified. Ms. Maxwell said Home Depot would only use the outdoor garden center for sale of live plant materials. MOTION: of Sterling, seconded by Goodwin, including a provision in the planned development ordinance for Hillcrest Acres providing for outdoor sales of live plant materials under a conditional use permit and specifying its requirements. Ayes - 5 - Nays - 0. Resolution No. 2001-186 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit to allow for construction of Home Depot on Lot 6, Block 1, Hillcrest Acres, with conditions, as recommended by the Planning Commission, except allowing a drive aisle along the east side of the building with a partial island restricting access and installation of signage and allowing the architect to work with Staff to determine acceptable material for the integrally colored trim band. Ayes - 5 - Nays - 0. Resolution No. 2001-187 MOTION: of Erickson, seconded by Sterling, adopting ordering preparation of a preliminary engineering report for Project 00-141, Hillcrest Acres Utility and Street Improvements. Ayes - 5 - Nays - 0. FISCHER SAND & AGGREGATE CONDITIONAL USE PERMITS CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 8 Mr. Lovelace reviewed the Planning Commission recommendation on conditional use permit amendments for Fischer Sand & Aggregate mining operations on two sites south of County Road 42. The first request is to create a new mining area and attached to the Barton operation. The second request involves what was called the McNamara site that received preliminary approval in 1999. That site’s mining and reclamation was to have been completed by December 31, 2003. An extension of that time frame to the year 2008 is requested. Mayor Hamann-Roland asked if these could be combined into one permit? Mr. Dougherty said they probably cannot be combined because they involve such different time lines. MOTION: of Goodwin, seconded by Erickson, directing Staff to prepare amendments to the existing Barton Sand & Gravel conditional use permit to allow Fischer Sand & Aggregate to mine the most westerly area with conditions for berming and restricting distance to residential zones as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, directing Staff to prepare amendments to the conditional use permit approved for the former McNamara property, extending the time frame to 2008, to allow Fischer Sand & Aggregate to mine site subject to completing the Comprehensive Plan amendment and rezoning and other conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. SEASONS ON THE PARK/SHACKELFORD, ET AL, IMPROVEMENTS Mr. Gordon reviewed his memo dated October 9, 2001, describing bids received on October 4th for several combined improvement projects. The bids greatly exceeded estimates and it is recommended they be rejected. One reason for the high costs was the requirement for completion this year. The recommendation is to rebid the projects with completion in 2002. The project included a small section of sidewalk on Germane Avenue. In order to install that sidewalk this year, separate quotes could be obtained on that work by itself. Resolution No. 2001-188 MOTION: of Erickson, seconded by Goodwin, adopting rejecting all bids received October 4, 2001, for Projects 99-106, Seasons on the Park Utilities and Streets; 99-117, Shackelford Addition Utilities and Street; 00-144, East Valley Plaza 3rd Addition Sidewalk; and Germane Avenue Sidewalk; and authorizing advertising for receipt of bids, at 2:00 p.m., on November 1, 2001, with a revised completion date, for all items except Germane Avenue Sidewalk. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated October 5, 2001, with a calendar listing upcoming events. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2001 Page 9 CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated September 26, 2001, in the amount of $16,068,848.85; and October 3, 2001, in the amount of $284,333.96. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:19 o’clock p.m.