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HomeMy WebLinkAbout06/08/2000CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 8th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-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 Wrase, Assistant Planner Bodmer, Natural Resources Coordinator Colleran, Police Chief Erickson, Assistant to the City Administrator Grawe, Acting Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, and Administrative Assistant Pederson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, appr oving 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of May 25th, 2000, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained). Resolution No. 2000-130 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $6,000.00 from Apple Valley American Legion Post 1776 for use toward the 4th of July celebration and parade. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 2 Resolution No. 2000-131 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $3,000.00 from Apple Valley American Legion Post 1776 for use toward sponsorship of adult athletic leagues. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a helicopter landing at Hayes Park, fireworks display at Johnny Cake Ridge Park, use of streets for a parade and other activities, and associated expenditures, on July 3 and 4, 2000, as listed in the Recreation Supervisor’s memo dated June 3, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a temporary license for an outdoor special event to H.O. C., Inc., d/b/a Rascals Apple Valley Bar & Grill, on June 30, 2000, from 5:00 p.m. to 12:30 a.m., for use in the parking lot at 7721 West 147th Street; with conditions as described in the City Clerk’s memo dated June 5, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the change to Patricia Gounaikis as operating manager for Chipotle Mexican Grill, 7638 West 150th Street, in connection with its On-Sale Wine and Beer Licenses, as described in the City Clerk’s memo dated June 5, 2000. Ayes - 5 Nays - 0. Resolution No. 2000-132 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Church of the Risen Savior for an event on September 24, 2000, at Apple Valley Sports Arena, 14452 Hayes Road, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Contract with Mendota Heights and West St. Paul to Share a Message Switch Server for Police Department laptop computer communications, as attached to the Police Captain’s memo dated June 5, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approvin g an Addendum to the Contract for SKB Environmental’s Operation and Maintenance of a Yardwaste Facility, extending its operation for two years, as attached to the Recycling Coordinator’s memo dated June 2, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving extension of a special permit for a temporary office trailer, until July 31, 2001, for Wirsbo Company, at 5925 West 148th Street, as recommended by the City Planner in his memo dated June 5, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 3 Resolution No. 2000-133 MOTION: of Grendahl, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Prairie Crossing Commercial and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-134 MOTION: of Grendahl, seconded by Sterling, adopting waiving the requirement for a subdivision agreement and approving the final plat for Apple Valley Plaza and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-135 MOTION: of Grendahl, seconded by Sterling, adopting waiving the requirement for a subdivision agreement and approving the final corrective plat for Knottywoods Second and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of the subdivision financial guarantee for Cedar Isle Country Homes, from $33,775.00 to $24,048.00. Ayes - 5 - Nays - 0. Resolution No. 2000-136 MOTION: of Grendahl, second ed by Sterling, adopting approving specifications for an F-350 Cab and Chassis for Park Maintenance and authorizing advertising for receipt of bids, at 2:00 p.m., on June 27, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconde d by Sterling, approving a Cost Participation Agreement with PDQ Food Stores, Inc., for exterior renovation of the building shared with Liquor Store No. 2, as attached to the Assistant to the City Administrator’s memo dated June 5, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-137 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Liquor Store No. 2/PDQ Store Exterior Renovation to Southridge Construction, the low bidder, for its base bid and alternate 1, in the total amount of $174,000.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 99-104, 152nd Street Construction Between Galaxie and Garrett Avenues, as final and authorizing final payment on the contract with Northwest Asphalt, in the amount of $37,902.06. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 99-115, Deep Well No. 4 Pump Repair, as final and authorizing final payment on the contract with Alberg Water Services, in the amount of $10,699.44. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 4 MOTION: of Grendahl, seconded by Sterling, approving renewal of the 2000/2001 Working Agreement with Owobopte, Inc., for seasonal employees, as attached to the Parks & Recreation Director’s memo dated June 5, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees, as listed in the Personnel Report and Addendum dated June 8, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 4TH OF JULY CELEBRATION Mr. Johnson thanked the Council for its support of the annual 4th of July Celebration and introduced Pat Schesso, Parade Chair, who described activities planned for the celebration and invited everyone to attend. This year activities will begin, on June 30th, Dancin’ & Cruisin’ car show at Rascals. July 2nd will be a Battle of the Bands at the Teen Center and Senior activities at Apple Valley High School. July 3rd will be family fun night and picnic at Hayes Field. The parade will start at 1:00 p.m., on July 4th. Activities throughout the day will be at Johnny Cake Ridge Park where the evening will conclude with a fireworks display, at 10:00 p.m. Mr. Johnson said the time capsule, buried at City Hall in 1976 by the Bicentennial Committee, will be unearthed, at 10:30 a.m., on July 4th. Former Committee members have been invited to attend and he invited the Council to attend also. Resolution No. 2000-138 MOTION: of Sterling, seconded by Erickson, adopting proclaiming July 4, 2000, as “The 34th Annual Apple Valley 4th of July Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 5 - Nays - 0. TRAFFIC SAFETY EQUIPMENT DONATION Karen Sprattler, Program Administrator of the Minnesota Office of Traffic Safety, presented a digital preliminary breath tester to the City for use by the Police Department. She commended the City for participating in safety programs; particularly three successful years in the “Safe & Sober” program. She noted the breath tester and the in-car mobile camera, accepted May 25, 2000, are being donated as rewards for work the Police Department has done to increase enforcement in the areas of DWI and underage alcohol consumption. Resolution No. 2000-139 MOTION: of Erickson, seconded by Sterling, adopting accepting, with thanks, the donation of a preliminary breath tester from the Minnesota Department of Public Safety Office of Traffic Safety for use by the Police Department. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 5 PROJECT 98-810, ORCHARD POINTE ADDITION IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:25 p.m., to consider Project 98- 810, Orchard Pointe Addition Utility and Street Improvements. The hearing was continued from April 27, 2000. Mr. Wrase reviewed the revised engineering report, dated June 1, 2000, describing the improvements. It now includes construction of Foliage Avenue along the west side of the development, north to 151st Street. The adjoining property owners have waived their right to notice of hearing and agreed to provide right-of-way and accept assessments for their share of the cost. The report also includes construction of Flagstaff Avenue along the east side of the development, north to County Road 42. The adjoining property owner has verbally agreed to accept assessments for its share of the cost. Plans have been prepared such that if no written agreement is provided, that part of the construction can be removed from the contract by change order. The Mayor asked for questions or comments from the Council and the audience. Councilmember Goodwin asked how close this development is to an active gravel pit? Mr. Wrase said the nearest gravel operation is about a half mile east. Councilmember Sterling asked if there will be turn lanes on Foliage Avenue. Mr. Wrase said there will not. It will have two driving lanes and two 10-foot wide parking lanes. There were no other comments and the hearing was declared closed at 8:32 p.m. MOTION: of Grendahl, seconded by Sterling, approving an Assessment Deferral Agreement with D. W. Investment Co. for construction of Foliage Avenue, to 151st Street, as part of Project 98-810 and authorizing the Mayor and Clerk to sign the same. Mr. Dougherty said the agreement provides that the land owner agrees to accept assessments for the improvements with payment deferred for up to ten years or until the property develops. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: o f Erickson, seconded by Goodwin, approving an Assessment Agreement with Hillcrest Properties, Inc., for construction of Foliage Avenue, to 151st Street, as part of Project 98-810 and authorizing the Mayor and Clerk to sign the same. Mr. Dougherty said the agreement provides that the land owner (Arthur/Luella Fischer Estate) agrees to accept assessments for the improvements. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 6 Resolution No. 2000-140 MOTION: of Goodwin, seconded by Erickson, adopting ordering installation of Project 98-810, Orchard Pointe Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-141 MOTION: of Erickson, seconded by Grendahl, adopting approving plans and specifications for Project 98-810, Orchard Pointe Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m. on July 6, 2000. Ayes - 5 - Nays - 0. PROJECT 98-813, PRAIRIE CROSSING/CENTRAL SANITARY TRUNK Mayor Hamann-Roland called the public hearing to order, at 8:36 p.m., to consider Project 98- 813, (Part A) Prairie Crossing Commercial Utility and Street Improvements and (Part B) Central Sanitary Sewer Trunk, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report dated May 4, 2000, describing the two separate parts. The Mayor asked for questions or comments from the Council and the audience. Sara Pool, of This Week News, asked for clarification of the temporary lift station referred to in the trunk project. Mr. Wrase said the temporary lift station was installed in 1983 diverting flow to the east. It is now being replaced with a permanent pipe flowing south. There were no other comments and the hearing was declared closed at 8:42 p.m. Resolution No. 2000-142 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 98-813, Prairie Crossing Commercial Utility and Street Improvements and Central Sanitary Sewer Trunk. Ayes - 5 - Nays - 0. Resolution No. 2000-143 MOTION: of Ster ling, seconded by Grendahl, adopting approving plans and specifications for Project 98-813, (Part A) Prairie Crossing Commercial Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m. on July 6, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-144 MOTION: of Goodwin, seconded by Sterling, adopting approving plans and specifications for Project 98-813, (Part B) Central Sanitary Sewer Trunk; now Project 00-132, and authorizing advertising for receipt of bids, at 2:00 p.m. on July 6, 2000. Ayes - 5 - Nays - 0. PROJECT 00-125 SUMMERFIELD TOWNHOMES IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:44 p.m., to consider Project 00- 125, Summerfield Townhomes (Myers Property) Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 7 report dated May 3, 2000. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:47 p.m. Resolution No. 2000-145 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 00-124, Summerfield Townhomes (Myers Property) Utility Improvements. Ayes - 5 - Nays - 0. EVERMOOR ADDITION/TALCOTT GLEN Mr. Lovelace reviewed the overall Evermoor development proposed on the east side of Diamond Path between 129th and Upper 135th Streets with the majority of the site in Rosemount. It was previously referred to as the Kelly Trust Property with a total of 569 acres; 44 of which are in Apple Valley. The balance of the site is in Rosemount. To better provide service for part of the development that will not have access to Diamond Path, it was proposed that Rosemount annex the single family lots along with Birger Pond, being platted as an outlot. In exchange, Apple Valley would annex the approximately 50 acres of Valleywood Golf Course in Rosemount. The Planning Commission has reviewed the proposal for the 14.5-acre Talcott Glen townhome site. The 40 townhomes will be constructed by Wensmann Homes. The plan provides 21 guest parking spaces and a sidewalk along the west side of Derry Glen Avenue connecting to pathways along Evermoor Parkway and Diamond Path. Resolution No. 2000-146 MOTION: of Grenda hl, seconded by Sterling, adopting requesting the Minnesota Office of Strategic and Long Range Planning for concurrent detachment and annexation of property with the City of Rosemount; incorporating part of Valleywood Golf Course into Apple Valley and the single family and Birger Pond part of Evermoor Addition into Rosemount. Ayes - 5 - Nays - 0. Resolution No. 2000-147 MOTION: of Sterling, seconded by Erickson, adopting approving the site plan and authorizing issuance of building permits for Talcott Glen Townhomes, in Evermoor Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-148 MOTION: of Grendahl, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 97-535, Evermoor Addition Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on July 13, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-149 MOTION: of Erickson, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 97-535, Evermoor Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. EASTWOOD RIDGE NRMP AMENDMENT CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 8 Ms. Bodmer reviewed her memo, dated June 5, 2000, describing a request for an amendment to the Natural Resources Management Permit (NRMP) for Lot 16, Block 1, Eastwood Ridge. The request is to revise the grading plan and remove additional trees. When the plat was approved, four lots were designated for special conditions and this is one of the lots. The lot was designated for a 50-foot wide house pad to help preserve trees and the builder is proposing a 62-foot wide house. The builder has revised the plan showing a four-foot retaining wall along the north side of the house, but two trees designated to remain would be removed. Ms. Colleran reviewed her involvement in reviewing the grading plans and tree removal plans. An agreement was reached with the developer on the trees to be saved on each of the lots. This lot was designated for a 50-foot wide building and the plan proposed does not meet the requirement. Bill Diedrich, the builder, was present and said the buyers specifically selected this lot because they want a view of the pond across the street and a backyard facing east. They also have a specific house and garage plan. The revised grading requested would lower the hill by two feet, to 1028 feet instead of 1030 feet. If the grading plan is not revised, a six-foot high retaining wall would be needed and he expressed concern about using that design. The Mayor expressed concern about upholding the agreement that was reached when the plat and NRMP were approved. She noted three other lots also have limits on building width. The Council noted there are some lots, which will not accommodate certain building designs and asked if consideration had been given to adjusting lot lines of the other undeveloped lots. MOTION: of Grendahl, seconded by Sterling, directing Staff to prepare a finding of fact for denial of an amendment to the Eastwood Ridge Natural Resources Management Permit for revised grading and tree removal on Lot 16, Block 1, as recommended in the Assistant Planner’s memo dated June 5, 2000. Councilmember Goodwin expressed concern that cost appears to be an issue in a trade off between losing trees and retaining wall construction. He said he would need more details on the plan before he would be willing to consider an amendment and suggested Mr. Diedrich work with Staff a little more on revising the plans. Mr. Diedrich said he has built homes in the City for 30 years and is concerned about the quality of his buildings. He is willing to replace the trees removed if needed. Vote was taken on the motion. Ayes - 5 - Nays - 0. Gary Brandel, 7301 West 132nd Street, said he is the customer for Lot 16. He lives across the street now and this is the perfect lot for them. The house plan is not Mr. Diedrich’s, it is theirs and they have revised it as much as they can. They asked him to build this house on Lot 16. Revising the grading means losing only two more trees, but CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2000 Page 9 allowing a lower retaining wall. Even putting a 50-foot wide house on the lot would require a high retaining wall. Mayor Hamann-Roland said the Council understands everyone desires, but this house plan does not work on this lot as presented. COMMUNICATIONS & CALENDAR The Council received a memo dated June 8, 2000, with a calendar listing upcoming events. Councilmember Sterling noted the Optimist Club selected Monica Bogner, Crime Prevention Specialist, to receive its Law Day Award last week and congratulated her on receiving the honor. Mayor Hamann-Roland thanked Andy Pederson, Tom Lawell, and John Rechtzigel for participating in the Millennium Mayorthon bike ride with her on June 6, 2000. The event is being conducted to raise awareness of the need for organ transplant donors. Mayor Hamann-Roland congratulated all high school graduates and reminded them to safely celebrate the event. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated May 31, 2000, in the amount of $6,491,136.59; and June 7, 2000, in the amount of $1,373,628.82. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:45 o’clock p.m.