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HomeMy WebLinkAbout02/26/2004CITY OF APPLE VALLEY Dakota County, Minnesota February 2 6 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 2 6 th, 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 Planner Bodmer, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, 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 Erickso n, seconded by Grendahl , approving the agenda for tonight ’s meeting as amended . Ayes - 5 - Nays - 0. AUDIENCE - PALOMINO DIRVE RECONSTRUCTION Mayor Hamann - Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Margaret Minegar, 13125 Heritage Way, c ommented on the proposal to reconstruct Palomino Drive , west of Cedar Avenue, with curb and gutter on most of it and center medians. She showed photographs of the existing roadway and express concern about how reconstruction would affect the appearance of the road. She questioned whether eight sections of median, with warning sig n s on either end, are necessary. She commented on accident and speeding reports that showed more of a problem on the urban section of Palomino Drive east of Cedar Avenue. The Ma yor thanked her for her input and said this item will be discussed at the March 11, 2004, Council meeting. CONSENT AGENDA MOTION: of Bergman , seconded by Goodwin , approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSEN T AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2004 Page 2 MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of Februa ry 1 2 th , 200 4 , as written. Ayes - 4 - Nays - 0 (Grendahl Abstained) . Resolution No. 200 4 - 44 MOTION: of Bergman, seconded by Goodwin, adopting a ccepting, with thanks, the donations of cash and prizes from various businesses, listed in the resolution , for use toward the Employee Safety and Wellness Program . Ayes - 5 - Nays - 0. Resolution No. 2004 - 45 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donations of cash and prizes from various organizations, listed in the resolution, for use toward the Employee Service Recognition Program. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance o f a 2004 Coin - Operated Amusement Device License for American Amusement Arcades at Old Chicago Restaurant, 14998 Glazier Avenue . Ayes - 5 - Nays - 0. Resolution No. 200 4 - 46 MOTION: of Bergman, seconded by Goodwin, adopting a mending the 2004 On - Sale and Su nday Intoxicating Liquor Sales Licenses held by Pickled Parrot II, LLC, at 14889 Florence Trail, by changing the name of the licensee to Bilimbi Bay Minnesota, LLC, d/b/a Bilimbi Bay . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, amending the 2004 - 2005 Tobacco Sales License held by Pickled Parrot II, LLC, at 14889 Florence Trail, by changing the name of the licensee to Bilimbi Bay Minnesota, LLC, d/b/a Bilimbi Bay. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving t he 2003 Municipal Separate Storm Sewer Systems (MS4) annual report, as attached to the Natural Resources Coordinator’s memo dated February 26, 2004; and authorizing the Public Works Director to sign the same and submit it to the Minnesota Pollution Control Agency . Ayes - 5 - Nays - 0. Resolution No. 2004 - 47 MOTION: of Bergman, seconded by Goodwin, a dopting supporting legislative efforts by the City of Burnsville to establish a beneficial water supply to reduce appropriation of groundwater and protect natu ral resources . Ayes - 5 - Nays - 0. Resolution No. 2004 - 48 MOTION: of Bergman, seconded by Goodwin, a dopting approving and establishing an Inspection, Maintenance, and Repair Policy for Pathways Located within Road Rights - of - Way . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2004 Page 3 Resolution No. 2004 - 49 M OTION: of Bergman, seconded by Goodwin, a dopting making a finding of Negative Declaration on the need for an Environmental Impact Statement (EIS) for the development known as Legacy Village North, located in the northeast quadrant of 153rd Street and Galaxie Avenue . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, granting a variance to allow construction of a house with a maximum building height of 40 feet from grade on Lot 2 1, Block 1, Seasons on The Park (12502 Eland Court), as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Ordinance No. 746 MOTION: of Bergman, seconded by Goodwin, passing amending Appendix F of the City Code by adding Article A32 establishing new Planned Development Designation No. 74 6 prescribing uses and performance standards regulating building and development of Wensmann 13th Addition as recommended by the Planning Commission . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving the Planned Development Agreemen t for Wensmann 13th Addition and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 50 MOTION: of Bergman, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Wensmann 13th Add ition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving issuance of building permits for model home buildings on Lot 2, Block 1; and Lot 1, Block 2; Wensmann 13th Addition a s described in the City Planner’s memo dated February 23, 2004 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving Release of Land from Temporary Construction Easement in connection with Project 96 - 507, Goodwill Industries Utility Im provements, as attached to the City Attorney’s memo dated February 20, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Natural Resources Management Permit for Dahl e Oaks subdivision with conditions as recommended in the City Engineer’s memo dated February 23, 2004. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 51 MOTION: of Bergman, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 02 - 214, Dahle Oaks Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on March 25, 2004. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2004 Page 4 Resolution No. 200 4 - 52 MOTION: of Bergman, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 02 - 214, Dahle Oaks Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 53 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Refurbishing 1994 Spartan Gladiator Fire Pump er Truck, Unit 4988, to North Central Ambulance Sales & Service , the low bidder, in the total amount of $ 73,962. 00 including Option B.1 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Joint Resolution R9 - 04, along with the Cities of Lakeville and Farmington, authorizing ALF Ambulance Service to purchase specified ambulance equipment and finance the purchase with equipment certificates issued by the City of Farmington, in an amount not to exceed $145,000; as attached to the City Ad ministrator’s memo dated February 23, 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 200 4 - 54 MOTION: of Bergman, seconded by Goodwin, adopting supporting Dakota County’s request for funding for the Ce dar Avenue Corridor Bus Rapid Transit (BRT) project a nd authorizing correspondence stating such support . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving renewal of the City’s property, liability, workers’ compensation, and umbrell a insurance coverage for March 1, 2004, through March 1, 2005, with the League of Minnesota Cities Insurance Trust at a total premium of $699,382.00 , including Agent Fee of $6,000.00 , as recommended in the Finance Director’s memo dated February 2 5 , 200 4 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , approving a non - waiver of statutory liability limits for the City’s insurance program as recommended in the Finance Director’s memo dated February 2 5 , 200 4 . Ayes - 5 - Nays - 0. MOTION: of Be rgman, seconded by Goodwin, approving a Landscape Construction Services Agreement with T r ee Trust for 2004, at a cost not to exceed $5,000.00 plus materials , as attached to the Park Maintenance Superintendent ’s memo dated February 24 , 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 and part - time employees as listed in the Personnel Report and Addendum dated February 2 6 , 200 4 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2004 Page 5 END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER CRIGER Police Captain Lohse introduced newly hired Police Officer Wayne Criger to the Council. Officer Criger had previously been employed by the City as a Community Service Officer. The City Cl erk administered the oath of office to Officer Criger and Police Chief Johnson presented him with his badge. The Council congratulated him and welcomed him to his new position . LOT 2, BLOCK 19, CEDAR KNOLLS LOT SPLIT Ms. Bodmer reviewed the Planning Com mission recommendat ion on a replat to split Lot 2, Block 19, Cedar Knolls, into three lots referred to as Cedar Knolls 2nd Addition . The lot was divided when 130th Street was constructed in 1983 and the portion northeast of 130th and Germane now contains two apartment buildings. The vacant portion , south of 130th Street , is proposed to be divided into two lots for single family homes . Due t o topography, front setback variances are requested for the two single family lots to reduce the height of retaining walls at the rear of the homes. A Natural Resources Management Permit and revised tree inventory will be required before any site work begins . Councilmember Bergman said he is aware of unreported accidents on the curve between Germane Avenue and 130th S treet and provided additional photographs of the site. He expressed concern that a house on future Lot 2 could be hit by vehicles losing control on the curve. He stated that he does not support a proposal to build on this lot due to the need for a retain ing wall and curve of the street. Councilmember Goodwin said there are a lot of curved streets in the City and this is not much different. A building at the corner may also help to slow vehicles at the curve. Councilmember Erickson noted that because of the topography the house would be higher than the street and should not present a problem . Resolutions No. 200 4 - 55 MOTION: of Goodwin , seconded by Erickso n , adopting approving the preliminary plat of Cedar Knolls 2nd Addition (replat of Lot 2, Block 19, Cedar Knolls), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 1 (Bergman). MOTION: of Erickson, seconded by Goodwin, granting front setback variances to allow construction of houses on property identified on the preliminary plat of Cedar Knolls 2nd Addition, as Lot 1, Block 1 , to within 20 feet of the lot line; and as Lot 2, Block 1, to within 10 feet of the lot line; as recommended by the Planning Commission . Ayes - 4 - Nays - 1 (Bergman). HARMONY COMMONS ADDITION CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2004 Page 6 M s. Dyk es reviewed the Planning Commendation on the proposed Harmony Commons Addition located west of Galaxie Avenue on both sides of 153rd Street. The 19 - acre site is proposed to be subdivided into 21 lots for residential and commercial development. The prelim inary plat does not include the City - owned pond property south of 153rd Street, but does show how roads, buildings, and green space could be configured to incorporate part of the site. As each lot is developed, the site plan and building permit authorizat ions will be brought back for approval. She reviewed renderings of potential townhomes, condominiums, and multi - use buildings that could be constructed. Wensmann Homes will be developing the housing components . Future commercial uses may include a bank, hotel, restaurant, health club, and other retail uses. Resolution No. 2004 - 56 MOTION: of Grendahl , seconded by Bergman , adopting approving the preliminary plat of Harmony Commons Addition, with 21 lots, subject to conditions as recommended by the Plannin g Commission . Ayes - 5 - Nays - 0. Resolution No. 2004 - 57 MOTION: of Erickson, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 03 - 238, Harmony Commons Utility and Street Improvements. Ayes - 5 - Nays - 0. LEGACY OF APPLE VALLEY DAY CARE SITE Ms. Dykes reviewed the Planning Commission recommendation on a mending Planned Development Designation No. 716, Zones 1 and 2, to allow daycare centers as conditional uses. She reviewed the conditions that would apply to such a permit. Developers of Legacy of Apple Valley 4th Addition will be applying for a permit that will be considered in March. Sketches of a potential building have been submitted for a site south of Founders Lane and east of Tuscan y Apartments. The daycare would accommodate about 130 children. Councilmember Bergman noted the building is proposed with a rooftop play area and asked what the requirement for a railing would be. Ms. Dykes said the plans show a four - foot high railing, but they have not yet been finalized. Ordinance No. 747 MOTION: of Grendahl , seconded by Goodwin, pass ing a mending Appendix F of the City Code, Planned Development Designation No. 716, The Legacy of Apple Valley, by adding daycare centers as a conditional use in Section A30 - 3 . Ayes - 5 - Nays - 0. COMMISSION & COMMITTEE APPOINTMENTS Mr. Lawell reviewed the memo, dated February 23, 2004, regarding a vacancy on the Cemetery Advisory Committee and terms expiring on the Cemetery Advisory Committee, Planning Commission, and Traffic Safety Advisory Committee. Two applications have been received for the vacant position and they are listed in the memo. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2004 Page 7 MOTION: of Erickson , seconded by Goodwin , waiv ing the appointment procedure established by Resolution No. 199 7 - 165, and reappointing Ranee Hadley to the Cemetery Advisory Committee for a term expiring March 1, 2007; Harald Eriksen and Arthur Zimmerman to the Traffic Safety Advisory Committee for terms Resolution No. 2004 - 58 expiring March 1, 2006; and adopting re appointing Tim Burke and Karen Edgeton to the Planning Commission for terms expiring March 1, 2007 . Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl , nominating Robert Harvey and John Louis for a position on the Cemetery Advisory Committee . Ayes - 5 - Nays - 0. The Mayor asked for any other nominations. There were none and the City Clerk distributed ballots to the Council who were asked to each select one name from the two nominees. After selections were made, they were tallied and the C lerk announced six names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select five names. After selections were made, they were tallied and the Clerk announced that the name of Robert Harvey remained. MO TION: of Erickson , seconded by Bergman , appointing Robert Harvey to the Cemetery Advisory Committee for a term expiring March 1, 200 7 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated February 23 , 200 4 , with a calendar li sting upcoming events. CLAIMS AND BILLS MOTION: of Bergman, seconded by Erickson , to pay the claims and bills, check registers dated February 19 , 2004, in the amount of $ 3,835,195.42 ; and February 26 , 200 4 , in the amount of $ 6 , 286,697.01 . Ayes - 5 - Nay s - 0. MOTION: of G rendahl , seconded by Goodwin , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9 : 04 o’clock p.m.