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HomeMy WebLinkAbout01/22/2004CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 22nd , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - 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, Finance Director Ballenger, Assistant Pl anner Bodmer, Assistant Engineer Fick, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Community Development Director Kelley, Police Capta in Lohse, and Human Resources Manager Strauss. 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 f or tonight’s meeting as presented . 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. There was no one was present to speak. CONSENT AGENDA MOT ION: 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 January 8 th, 200 4 , as written. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 2 1 MOTION: of Bergman , seconded by Goodwin , adopting accepting, with thanks, the donation of a 1988 Chrysler automobile from Raymond T. Holm, 7243 West 144th Court , for use by the Fire Department for trai ning purposes . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 2 Resolution No. 2004 - 22 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1990 Chevrolet automobile from Lowell and Sandra Olson, 7500 Germane Trail, for use by the Fire Departm ent for training purposes. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 2 3 MOTION: of Bergman , seconded by Goodwin , adopting accepting, with thanks, the donation of cash and prizes from various businesses toward sponsorship of the Mid - Winter Fest Celebration . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving renewal and issuance of licenses and permits for 2004 as listed in the attachment to the City Clerk’s memo dated January 16, 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 24 MOTION: of Bergman, second ed by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8, Voiture 1457, for use on March 17, 2004, at 14521 Granada Drive, and waiving any waiting per iod for State approval. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 25 MOTION: of Bergman , seconded by Goodwin , adopting a pproving renewal of the two - year Minnesota Lawful Gambling Premises Permit s for Apple Valley Hockey Association at: Rascals Bar & Gril l, 7721 West 147th Street; Grizzly’s Grill N Saloon, 15020 Glazier Avenue; and Apple Place, 14917 Garrett Avenue; and waiving any waiving period for State approval . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in corpo rate officer for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, in connection with the On - Sale Wine and Beer Licenses at 7593 West 147th Street, naming Diana G. Purcel as Chief Financial Officer and Secretary; as described in the City Clerk’s mem o dated January 16, 2004. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 26 MOTION: of Bergman , seconded by Goodwin , adopting setting a public hearing, at 8:00 p.m., on February 12, 2004, on the application of El Azteca Apple, Inc., for On - Sale and Sunday Liqu or Sales Licenses, in connection with a restaurant being constructed at 6670 West 150th Street, in Hillcrest Acres 2nd Addition . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a uthorizing temporary on - site vehicle parking, on an unpaved ar ea north of the building, at Greenleaf Elementary School for special school functions on February 12, April 29, May 7, May 13, and June 3, 2004, as recommended in the Police Chief’s memo dated January 15, 2004 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 3 Resolution No. 200 4 - 27 MOTION: of Bergman , se conded by Goodwin , adopting amending the rates for consultant services charged in Exhibit A to Deposit Agreements for development and land use applications to reflect 2004 legal and engineering costs . Ayes - 5 - Nays - 0. MOTION: o f Bergman , seconded by Goodwin , a pproving an Administration and Monitoring Agreement with Dakota County Community Development Agency to provide tenant occupancy and rent monitoring for Lebanon Valley Place apartments , as attached to the Community Developme nt Director’s memo date January 13, 2004; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving a Subrecipient Grant Agreement with Community Housing Development Corporation and CHDC Dakota Studio Limited Partnership to provide workforce and supportive housing in exchange for receiving Local Housing Incentive Account grant proceeds for Lebanon Valley Place apartments, as attached to the Community Development Director’s memo dated January 13, 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin, approving a Metropolitan Livable Communities Act Local Housing Incentives Account Grant Agreement, in the amount o f $150,000, with the Metropolitan Council for Lebanon Valley Place apartments, as attached to the Community Development Direct or’s memo dated January 13 , 2004 ; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Ber gman , seconded by Goodwin, approving establishment of program for an annual tree and shrub sale to promote reforestation and authorizing City Staff to conduct the sale to residents, as described in the Natural Resources Coordinator’s memo dated January 16, 2004 ; the 2004 sale is tentatively scheduled for Saturday April 24th . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Joint Powers Agreement for purchase of 2004 - 2005 Traffic Markings, Street Sweeping, Crack Sealing, Screening, and Seal Coating Services with the Cities of Burnsville, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, and Inver Grove Heights as attached to the Public Works Superintendent’s memo dated January 22, 2004, and authorizing the Mayor and City Cl erk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving a Lease Agreement with Versatile Vehicles, Inc., for rental of 25 supplemental golf cars at Valleywood Golf Course for the 2004 - 2005 seasons, as attached to the Golf Course Manager’s memo dated CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 4 January 6, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , approving hiring the seasonal employees as listed in the Personnel Report dated Ja nuary 22 , 200 4 . Ayes - 5 - Nays - 0. END OF CONSENT AGENDA NATIONAL MENTORING MONTH Rita Younger, Program Coordinator for Kids ‘n Kinship, commented on the organization’s purpose to provide friendships to children, ages 5 to 16, who are in need of a po sitive adult role model. It is in its 32nd year and, with January as “ National Mentoring Month ” ; they are publicizing the need for adult volunteers. They can be contacted at (952)892 - 6368 . MOTION: of Erickso n, seconded by G rendahl , proclaiming January 2 004 as “National Mentoring Month” in support of adult mentors already volunteering and efforts by organizations to recruit new mentors . Ayes - 5 - Nays - 0. MID - WINTER FEST 2004 Parks and Recreation Director Johnson and Jim Zinck, of the Mid - Winter Fest Committee, were present and reviewed activities planned for this year’s celebration at Hayes Park, Apple Valley Community Center, and Valleywood Golf Course. Buttons are required for admission to the events on February 7 and 8, 2004, and are for sale at various locations for $1.00. This year’s button was designed by Roman P is kin, a junior at Apple Valley High School. Mr. Johnson also thanked the members of the business community who support this event. Resolution No. 2004 - 28 MOTION: of Grendahl, seconded by Bergman, adopting proclaiming February 7 and 8, 2004, as “Apple Valley Mid - Winter Fest 2004” and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Erickson , authorizing the use of a snowmobile in Hayes Park on February 7 , 200 4 , as described in the Recreation Supervisor’s memo dated January 13, 200 4 . Ayes - 5 - Nays - 0. FISCHER SAND & AGGREGATE 2004 MATERIAL HAULING John Ericson, of Fischer Sand and Aggregate, was present to inform the Council about potential material hauling contracts for the upcoming construction season. Work will be continuing on the MnDOT contract for I - 494 expansion from Bush Lake Road to Eden Prairie. In April, bids will be taken on material for contin ued expansion from Highway 5 to Carlson Parkway. In February, bids CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 5 will be taken on an airport service road rebuilding and taxiways and crossovers related to the new runway. As was required last year, work on the I - 494 projects will need to be done at ni ght. They will be asking for approval to haul material from the main pit, at Johnny Cake Ridge Road, a ll night from May 3 rd to October 30 th , 2004 . The Council thanked him for communicating with them and for his cooperation in managing operations. They n oted that trucking operations seemed to have improved last year but there was still a problem with material falling off trucks and dropping onto the roads. Councilmember Grendahl asked if the City of Lakeville is as proactive about conditions placed on ke eping trucks hauling from its gravel pits clean since they travel through Apple Valley . Staff will communicate with Lakeville about those provisions and cooperative enforcement efforts . PROJECT 03 - 240, NORTH FARQUAR LAKE SANITARY SEWER Mayor Hamann - Rola nd called the public hearing to order, at 8:33 p.m., to consider Project 03 - 240, North Farquar Lake Area Sanitary Sewer Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated November 13, 2003. After meeting with property owners involved, Alternate Two is the recommended option. Sewer would be extended from an existing line at 13009 Diamond Path to the two properties at 12969 and 12959 Diamond Path . It would be constructed by directional bore or tunnel, to protect the environment, along the north side of Farquar Lake and require acquisition of easements . A cquisition of an easement across property at 12989 Diamond was discussed with the property owners. Mr. Prop p and Mr. Nelson are agreeable to the easement , but asked for conditions including a financial guarantee should there be tree damage. They asked for a stipulation that there would be no digging in the easement for any repairs. Mr. Gordon said lines like this can be repaired internally and that provision can be included in the easement document. They also asked that the City Forester review the sewer location to avoid impact on trees and that they be kept informed on construc tion. Mr. Gordon said assessm ents for the sewer are proposed only for the two properties connecting at this time. Should other properties want to connect, they would be assessed also. Co nstruction would begin as soon as possible in the spring. Charles Mankus, 12959 Diamond Path, sa id they understand the septic system for their home is not compliant because of the change of ownership, but agree with the installation. He asked if the line could be installed on the south side of his house making it less expensive to connect. Mr. Gord on said the actual route and elevations have yet to be determined and moving the line south appears to benefit both properties. CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 6 Frank Blundetto , 12969 Diamond Path, thanked Staff for their work on the project and said they would prefer locating the line a long the south side of their house also. Michael Heine, 12949 Diamond Path, said they installed a new septic system last year but would want to connect to sanitary sewer at some point. He asked if an easement would be needed to do so. Mr. Gordon said he would look at the location and meet with him next week to discuss it. The Mayor asked for other questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:52 p.m. Resolution No. 2004 - 29 MOTION: of Grendahl, seconded by Eri ckson, adopting ordering installation of Project No. 03 - 240, North Farquar Lake Area Sanitary Sewer Improvements, subject to acquisition of easements with conditions includ ing a financial guarantee for tree damage and restrictions on open excavations within the easements . Ayes - 5 - Nays - 0. Resolution No. 2004 - 30 MOTION: of Bergman, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for installation of Project No. 03 - 240, North Farquar La ke Area Sanitary Sewer Improvements. Ayes - 5 - Nays - 0. DAHLE OAKS SUBDIVISION Ms. Bodmer gave an overview of the proposal for Dahle Oaks subdivision, with eight single family residential lots on a 4.7 - acre site , at 12810 Galaxie Avenue , tabled from D ecember 30, 2003 . Requested are a rezoning, from R - 1 (single family, 40,000 square foot minimum lot size) to R - 2 (single family, 18,000 square foot minimum lot size) , and a preliminary plat . Neighborhood meetings were held on January 13, 2004, to discuss conservation easements and development issues further detailed in her memo dated January 16, 2004. The petitioner has made changes showing a hammerhead turn around at the end of the street, shifting the proposed house on Lot 5 farther east, and providing a 30 - foot conservation easement on the lot. With those changes, the average lot size in the subdivision would be 26,200 square feet. Charles Ryan, of Dahle Bros., said they have further revised the plat and reduced the request to seven lots. The averag e lot size is now 29,754 square feet with sizes ranging from 19,257 to 33,299 square feet. They will place permanent conservation easements on the lots, increasing the easements to 50 feet on Lots 3, 4, and 5 abutting Pond 213P provided the front setbacks can be reduced by 10 feet, They will also place an easement over an approximately 50 - foot by 50 - foot area at the southeast corner of Lot 5 to preserve trees. They will also place access restrictions to the pond. The Natural Resources Management Permit (NRMP) will further detail the conservation easements. Lots 1 through 5, Block 1, will be custom graded lots. That is, they will not be CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 7 graded until there is a buyer so specific trees to be saved can be identified. By raising the elevation of the road a nd following the topography , they can avoid the use of some retaining walls on Lot 2, Block 2, and preserve additional trees. These changes result is saving approximately 57% of the trees on the site. The Council commended Mr. Ryan for presenting the cha nges noting the plan protects the wetland, pond, and trees. It is setting a precedent and will have the strictest development constraints placed on any piece of property in the City. Mayor Hamann - Roland asked what will happen with the fence that lines th e property now and whether the lots will have canoe access to the pond. Mr. Ryan said they have not determined what to do with the fence. It is in an area where conservation notices will have to be posted. Ms. Bodmer said pond access for the three lots abutting it has been discussed and allowing some type of pathway. Those details will be addressed in the NRMP . Loran Gruman, 12775 Foliage Avenue, said this has been an interesting process and thanked the Council for investigating the options. It looks like the R - 2 zoning will work on the property and the neighborhood is satisfied with the proposal . Mayor Hamann - Roland commented on Carolyn Rodriquez, who was a neighbor to this property, and the trees she admired will be able to be saved. This R - 2 propo sal is setting very high standards for t he future and she thanked everyone who contributed to the process . Mr. Bodmer distributed a revised draft of the resolution granting preliminary plat approval detailing the changes discussed. Ordinance No. 743 MOTION: of Goodwin , se conded by Bergman , passing rezoning property located in Section 15, at 12810 Galaxie Avenue, from “R - 1” (Single family residential, minimum lot size 40,000 square feet) to “R - 2” (Single family residential, minimum lot size 18,000 square f eet) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2004 - 31 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat, with seven lots, of Dahle Oaks Addition, at 12810 Galaxie Avenue, with conditi ons as recommended by the Planning Commission ; granting setback variances on Lots 4 and 5, Block 1; and additional conditions further detailed in the resolution. Ayes - 5 - Nays - 0. Resolution No. 2004 - 32 MOTION: of Erickson, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 03 - 214, Dahle Oaks Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. ORDINANCE CORRECTING BUILDING PERMIT FEES CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 8 M r. Heuer r eviewed the Building Official’s memo , dated January 22, 2004, concerning building permit fees revised by Ordinance No. 741. The schedule, developed by a working group of the League of Minnesota Cities, applied a Consumer Price Index adjustment to the fee schedule. However, it was found that the schedule contained mathematical errors and a corrected schedule has been prepared and is attached. It is recommended the Council waive the procedure for a second reading and pass the ordinance . MOTION: of G rendahl , seconded by Erickso n , waiving the procedure for a second reading Ordinance No. 744 and passing amending the fee schedule Appendix of Title III of the City Code by correcting the fees charged for building permits effective February 1, 2004 . Ayes - 5 - Nays - 0. STATE FINANCIAL ASSIST ANCE FOR MINNESOTA ZOO Mr. Lawell reviewed his memo, dated January 16, 2004, concerning the Minnesota Zoo’s request to the Legislature for financial assistance to construct improvements and undertake repair and rehabilitation needs. The Governor included $34,200,000 in his State bonding proposal and cities in Dakota County have been ask e d to show their support for the request. Resolution No. 200 4 - 33 MOTION: of Grendahl , seconded by Bergman , adopting supporting the Minnesota Zoo’s request for State financ ial assistance and encouraging the Governor and Legislature to fully fund the request in order to preserve and improve this important state asset . Ayes - 5 - Nays - 0. Councilmember Grendahl said the Governor’s bonding proposal includes $10,000,000 for t he Cedar Avenue Corridor Transitway and asked that a resolution of support for it be prepared also. SET MEETING S Mr. Lawell advised the Council t hat p roposal s are being prepared to refinance some outstanding bonds and asked that a special meeting be set for that purpose. The Council had also asked to have a joint meeting with the Planning Commission for discussion on implementing the Central Village Plan Design Guidelines and other items and suggested it be set for the same date . MOTION: of Goodwin, sec onded by Bergman , setting a special meeting, at 6:30 p.m., on January 28, 2004, for the purpose of selling bonds; and setting a n informal meeting, at 7:00 p.m., on January 28 , 2004, for the purpose of discussing issues with the Planning Commission; both at the Municipal Center . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated January 16 , 200 4 , with a calendar listing upcoming events. CITY OF APPLE VALLEY Dakota County, Minnesota January 22 , 2004 Page 9 CLAIMS AND BILLS MOTION: of Bergman , seconded by Goodwin , to pay the claims and bills, c heck registers dated January 15 , 200 4 , in the amount of $ 7 , 876,646.39 ; and January 22 , 200 4 , in the amount of $ 1 2 , 028,505.79 . Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10 : 1 3 o’clock p.m.