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HomeMy WebLinkAbout12/30/2003CITY OF APPLE VALLEY Dakota County, Minnesota Dec ember 30 , 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Dec ember 30 th, 2003, at 8 :00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Coun cilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: Mayor Hamann - Roland . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty , City Engineer Fick, Police Captain Anglin, Finance Director Ballen ger, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Community Development Director Kelley, Human Resources Manager Strauss, and Fire Chief Wassmund. Acting Mayor Erickson 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 Bergman , seconded by Grendahl, approving the agenda for tonight’s meeting as amende d. Ayes - 4 - Nays - 0. AUDIENCE Acting Mayor Erickson 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 Bergm a n , seconded by Goodwi n , approving all items on the consent agenda , with no exceptions. Ayes - 4 - Nays - 0. (Councilmember Grendahl stated she was abstaining from voting on the Agreement for 2004 Electrical Services.) CONSENT AGENDA ITEMS MOTION: of B ergman, seconded by Goodwin, approving the minutes of the regular meeting of Dece m ber 8 th , 2003, as written. Ayes - 4 - Nays - 0. Resolution No. 2003 - 238 MOTION: of Bergman, seconded by Goodwin, a dopting approving issuance of a Lawful Gambling Exempt Per mit, by the Minnesota Gambling Control Division, to Southview Parent Teacher Organization, for an event on May 14, 2004, at 1025 Whitney Drive; and waiving any waiting period for State approval . Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 30, 2003 Page 2 MOTION: of Bergman, seconded by Goodwi n, approving a change in corporate officer for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, in connection with the On - Sale Liquor License at 14 658 Cedar Avenue , naming James M. Schmidt as Vice President ; as described in the City Clerk’s memo d ated Decem ber 22 , 2003. Ayes - 4 - Nays - 0. Resolution No. 2003 - 239 MOTION: of Bergman , seconded by Goodwin, adopting establishing revised uniform land values for calculating cash in lieu of land contributions for public land dedications resulting from subdivisions, at $95,000 per acre for single family residential, $120,000 per acre for multiple family residential, $80,000 per acre for industrial, and $240,000 per acre for commercial uses. Ayes - 4 - Nays - 0. Resolution No. 2003 - 2 40 MOTION: of Bergman, seconded by Goodwin, a dopting making a negative declaration on the need for an Environmental Impact Statement (EIS) for the proposed Harmony Commons development, located west of Galaxie Avenue between 152nd and 155th Streets, and authorizing publication of the findings . Ayes - 4 - Nays - 0. Resolution No. 2003 - 241 MOTION: of Bergman, seconded by Goodwin, adopting approving the final plat o f Levine Subdivision No. 2, waiving the requirement for a development agreement, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving acquisition of a Ponding and Drainage Easement on part of Lot 5, Block 2, Palomino Hills, and authorizing payment of $600.00 to Michael and Tanya Hunter, as attached to the City Engineer’s memo dated December 19, 2003. Ayes - 4 - Nays - 0. Resolution No. 2003 - 2 4 2 MOTION: of Bergman, seconded by Goodwin, adopting requesting that the Metropolitan Council review the Tier I Sewer Element of the Comprehensive Pla n against the Tier II content re quirements to fulfill the requirement of a Tier II Comprehensive Sewer Plan . Ayes - 4 - Nays - 0. Resolution No. 2003 - 2 43 MOTION: of Bergman, seconded by Goodwin, adopting approving specifications for refurbishing Unit 498 8, a 1994 Spartan Gladiator Fire Pumper Truck, and authorizing advertising for receipt of bids, at 2:00 p.m., on January 27, 200 4 . Ayes - 4 - Nays - 0. Resolution No. 2003 - 244 MOTION: of Goodwin, seconded by Bergman, adopting finding that the 1975 Ford C lass A Pumper, Fire Unit Number 4983, is surplus property and no longer needed by the City and authorizing advertising for sale of the unit, CITY OF APPLE VALLEY Dakota County, Minnesota December 30, 2003 Page 3 by sealed bids, with a $5,000.00 minimum bid, at 2:00 p.m., on January 27, 2004. Ayes - 4 - Nays - 0. Resolution No. 2003 - 245 MOTION: of Bergman, seconded by Goodwin, a dopting awarding the contract for Project 03 - 242, Well Pumps No. 8, 12, and 13, and Water Treatment Plant High Zone Pump 2 Maintenance, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $5 6,946.00 . Ayes - 4 - Nays - 0. Resolution No. 2003 - 246 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Project 03 - 244, Diesel Standby Generator and Installation for Well No. 10, to Ziegler Power Systems, the low bidder, in the amount of $83,355.00 . Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a ccepting Project 03 - 221, Deep Well No. 18 Drilling, as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of $19,478.12 . Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a ccepting Project 01 - 169, Water Treatment Plant Clearwell Expansion, as final and authorizing final payment on the contract with Marcy Construction, in the amount of $18 ,000.00. Ayes - 4 - Na ys - 0. MOTION: of Bergman, seconded by Goodwin, a pproving a Consultant Agreement for Water System Vulnerability Assessment with Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA), as attached to the Public Works Supervisor’s memo dated Dec ember 3 0 , 2003 , and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving extension of an Agreement for Electrical Maintenance Services for 2004 with Burnsville Electric/Mechanical, Inc., a s attached to the Public Works Director ’s memo dated December 30 , 2003, and authorizing the Mayor and City Clerk to sign the same . Ayes - 3 - Nays - 0 (Grendahl Abstained). Resolution No. 200 3 - 247 MOTION: of Bergman , seconded by Goodwin, adopting setting the reimbursement rate for mileage, under the travel policy, at $.375 per mile effective January 1, 2004. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving the 2004 - 2005 Labor Agreement with AFSCME Council 14, Local No. 479, Mainte nance Employees, as attached to the Human Resources Manager’s memo dated December 22, 2003, and authorizing execution of the necessary documents . Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 30, 2003 Page 4 Resolution No. 200 3 - 2 48 MOTION: of Bergman , seconded by Goodwin , adopting approving and implementing the 200 4 Employee Pay and Benefit Plan. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the part - time and seasonal employees as listed in the Personnel Report and Addendum dated Dec ember 30 , 2003. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA EASEMENT VACATION, CARROLLTON ESTATES 2ND ADDITION Acting Mayor Erickson called the public hearing to order, at 8:03 p.m., to consider vacating part of a drainage and utility easement on Lot 13, Block 3, Carrollton Estate s 2nd Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed his memo, dated December 22, 2003, describing the request to part of the easement at the southwest corner of a porch and deck addition on the hous e. Engineering staff staked the lot to determine the actual high water elevation of the pond and construction is not within that area. Vacating that part of the easement will not adversely impact the pond. The Acting Mayor asked for questions or comment s from the Council and the public. Councilmember Bergman asked if the re are other homes around the pond where additions have been constructed that could be encroaching on the easement. Mr. Kelley said a map of the plat has been compared with an aerial ph oto of the area and none are apparent. The only way to determine it is by an actual survey, but that does not appear to be necessary . There were no other comments and the hearing was declared closed at 8:0 6 p.m. Resolution No. 2003 - 249 MOTION: of Grendahl , seconded by Goodwin , adopting completing vacation of part of a drainage and utility easement on Lot 1 3 , Block 3, Carrollton Estates 2nd Addition ( 14625 Hallmark Drive ), and authorizing recording the necessary documents with Dakota County. Ayes - 4 - N ays - 0. DAHLE OAKS SUBDIVISION Ms. Bodmer reviewed the Planning Commission recommendation on Dahle Oaks subdivision, proposed with eight single family residential lots on a 4.7 - 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 R - 2 (single family, 18,000 square foot minimum lot size) to allow the development. The average size of lots in the proposed subdivision is 25,600 square feet. One public street is propose d, terminating in a temporary cul de sac that could be extended into property to the south when it develops . She reviewed landscape, tree preservation, and grading plans, and comments received at the Planning Commission public hearing. CITY OF APPLE VALLEY Dakota County, Minnesota December 30, 2003 Page 5 The Planning Commi ssion asked the developer to provide a five - lot layout, which could be developed without rezoning, to compare with the eight - lot proposal. Approximately 59% of the trees could be saved with a five - lot layout while 51% are saved on the eight - lot plan. How ever, the five - lot layout shifts the cul de sac farther west causing topography issues for any future street ex tension. In order to save trees, conservation easements are proposed adjacent to the pond and wetland and would take about 7% of the site. The developer has indicated a willingness to provide additional conservation easements , of approximately 15%, if the site is rezoned. Custom grading on the northern lots would also save additional trees. Ms. Bodmer reviewed a plan showing potential addi tiona l easements . For these reasons, t he Planning Commission recommended that any Natural Resources Management Permit be reviewed by both the Planning Commission and Council for approval . Ch arles Ryan, of Dahle Brothers, commented on the history of zoning on the property and their previous proposal for townhomes. They submitted a compromise proposal for eight single family lots with R - 2 zoning even though that zoning would allow up to 11 lots. The current R - 1 zoning would allo w five lots. The eight lots ave rage 25,635 square feet in size and the average of the eight neighboring lots, to the east, is 16,367 square feet. Only one of these lots abuts the property. He reviewed the t re e inventory and the concept of an additional conservation easement to save tr ees. If the front setback for Lots 4, 5, and 6 is reduced, additional trees could be saved. When the temporary cul de sac is removed, homes on those lots would then have a setback similar to the other homes. He reviewed the phasing which would start wit h grading the road and moving the existing house to Lot 8. Grading plans were prepared showing all rambler house styles which would probably be worst case scenarios in number of trees removed . The Council asked whether the developer had met with neighbor s to present the revised plans noting very few attended the Planning Commission public hearing. Mr. Ryan said such a meeting had not taken place, but he would be willing to wait for action on the request and meet with them. The Council asked that further details on the concept of conservations easements also be presented at such a meeting . Loran Gruman, 12775 Foliage Avenue, said after the townhome proposal was denied, he thought the property would remain R - 1 and he would not support the change to R - 2. He commented on retaining R - 1 zoning in the City to maintain diversity in housing . He stated t here are only five homes that abut the pond now and preserving the water quality is an issue for them. He questioned whether the number of trees shown to be sav ed can be accomplished and s ave d from construction damage. Kenneth Graber, 12855 Foliage Avenue, said he does not have a problem with the plan, but asked how a conservation easement is enforced? Ms. Bodmer said it is done by a separate document CITY OF APPLE VALLEY Dakota County, Minnesota December 30, 2003 Page 6 filed wit h the deed or title. Signs are posted advising that no tree removal or grading can occur in the area. Violations are subject to restoration costs, court costs. Etc. Jesus Rodriguez, 12815 Foliage Avenue, commented on oak trees lost in their neighborhood from construction damage. The soil is hard packed clay making tree roots more susceptible to damage. He is concerned that the more homes that are built the more trees that will die. Steve Loosbrock, 12805 Foliage Avenue, asked why the City can’t do som ething different and get a larger easement whether the property is zoned R - 1 or R - 2. Councilmember Goodwin said all development involves some type of compromise. Under R - 1 zoning the City is more limited as to what it can require of a developer . When a rezoning is requested, the City has more ability to impose requirements such as the conservation easements. Robin Allen, 12765 Foliage Court , said she would like to see the area remain zoned R - 1 and expressed concern about increased traffic on Galaxie Ave nue. Kim Holman, 12758 Foliage Court, asked about the width of the easement proposed at 30 or 50 feet and whether it could be changed. He also asked if the home s could be shifted north. Mr. Ryan said the easement details have not been determined yet. T hey would have to look at the site to consider shifting homes to the north. The building sites were moved away from that area because that is where there are more trees. MOTION: of Grendahl , seconded by G oodwin , tabling consideration of Dahle Oaks subdiv ision rezoning and preliminary plat until January 22, 2004, to allow the developer to meet with the neighborhood and discuss the proposal and conservation easements at a City - facilitated meeting . Mr. Ryan said he would agree with holding action on the req uest until then . Vote was taken on the motion. Ayes - 3 - Nays - 1 ( Bergman ). Mr. Lawell suggested January 13, 2004, as a date for the meeting and asked neighbors present to leave their names and addresses for notification. COMMUNICATIONS & CALENDAR The Council received a memo dated Dec ember 22 , 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin , seconded by Bergman , to pay the claims and bills, check register s dated Dec em ber 10 , 2003, in the amount of $ 333,689.95; D ecember 17, 2003, in the amount of $18,728,605.00; December 22, 2003, in the amount of CITY OF APPLE VALLEY Dakota County, Minnesota December 30, 2003 Page 7 $4,313,393.70; and December 29, 2003, in the amount of $2,894,286.15 . Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by Bergman , to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10 : 3 1 o’clock p.m.