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HomeMy WebLinkAbout04/22/1999CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 22nd, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Rola nd; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Assistant Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Assistant Planner Lovelace, Human Resources Manager Margarit, Planning Intern Milton, and Public Works Director Miranowski. 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 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. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grenda hl, adding Palomino Cliffs 2nd Addition Natural Resources Management Permit to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of April 8th, 1999, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proclaiming April 30, 1999, as “Arbor Day” and May as “Arbor Month” and urging citizens to become aware of the importance of trees and participate in tree planting programs. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming the week of May 1-10, 1999, as “Goodwill Industries Week” recognizing the contributions Goodwill/Easter Seals has made toward workforce development services in the community. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Dakota County for provision of Geographic Information System (GIS) Services, as attached to the Community Development Director’s memo dated April 19, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Site Lease Agreement with American Portable Telecom for placement of antennas and equipment at the Palomino Water Reservoir, for a ten-year period, as described in the Assistant Public Works Director’s memo dated April 22, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-71 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report on Project 96-512, East Trunk Storm Sewer. Ayes - 5 - Nays - 0. Resolution No. 1999-72 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report on Project 98-823, Farquar Lake Outlet Force Main. Ayes - 5 - Nays - 0. Resolution No. 1999-73 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Avsur Acres 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-74 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 98-809, Avsur Acres 2nd Addition Utility and Street Improvements, to Hydrocon, Inc., the low bidder, in the amount of $49,928.00. Ayes - 5 - Nays - 0. Resolution No. 1999-75 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for a Fire Truck with 75-Foot Ladder and Equipment to General Safety Equipment, the lowest bidder meeting specifications, in the total amount of $447,498.00 including Options 1, 3, and 4. Ayes - 5 - Nays - 0. Resolution No. 1999-76 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Metal Roof Installation on Delaney and Hagemeister Park Shelter Buildings to Min-Kota Building Systems, the low bidder, in the amount of $25,867.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 3 Resolution No. 1999-77 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Park Maintenance Mowing and Trimming Services to Loucks Lawn & Snow Service, the low bidder, in the total amount of $26,083.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving various change orders to contracts for Project 97-542, Outdoor Family Aquatic Center, as listed in the Construction Manager’s letter dated April 16, 1999, in the net additional amount of $28,769.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving various change orders to contracts for Apple Valley Community Center Gym Addition and the Teen Center Building as listed in the Construction Manager’s letter dated April 16, 1999, in the net additional amount of $150.00. Ayes - 5 - Nays - 0. Resolution No. 1999-78 MOTION: of Sterling, seconded by Grendahl, adopting revoking the designation of Municipal State Aid Street on County Road 46 (160th Street) between County Road 31 (Pilot Knob Road) and the west City limits. Ayes - 5 - Nays - 0. Resolution No. 1999-79 MOTION: of Sterling, seconded by Grendahl, adopting concurring with the designation of County Road 46 (160th Street) as a County State Aid Highway between the City borders with Rosemount and Burnsville. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, appointing Police Captain Merle Lohse to serve as the City’s Deputy Director of Emergency Management as requested in the Police Chief’s memo dated April 16, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated April 22nd, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing issuance of a Natural Resources Management Permit for grading activities in Palomino Cliffs 2nd Addition as recommended in the Assistant Planner’s memo dated April 22, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA VOLUNTEER RECOGNITION Mayor Hamann-Roland noted that a volunteer recognition reception was held prior to the meeting for all commission and committee members. In addition, Frank Blundetto, who was appointed CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 4 April 9, 1992, to the Planning Commission; and Russell Defauw and John DiRico, who were both appointed May 26, 1988, to the Park & Recreation Advisory Committee have earned length of service awards. She presented marble apple clocks to Mr. Blundetto and Mr. Defauw who were present. The Council expressed appreciation to all commission and committee members and other City volunteers. MOTION: of Erickson, seconded by Sterling, proclaim ing April 18-24, 1999, as “Volunteer Recognition Week” thanking all those who contribute their time, talent, and energy to the community. Ayes - 5 - Nays - 0. DALE SPENCER RETIREMENT Mr. Gretz introduced and congratulated Dale Spencer on his upcoming retirement May 7, 1999. He has been employed by the City for 29 years, most currently in the position of Fleet Maintenance Superintendent. Mr. Spencer commented on the growth he has seen in the City during his employment. Mayor Hamann-Roland presented a key to the City and an engraved pewter apple to him in recognition and appreciation for his years of service. SCHOOL OF ENVIRONMENTAL STUDIES REPORT Amy Wolf, a student at the School of Environmental Studies gave a presentation on programs at the school which opened four years ago. She outlined courses of study at the 400-student school including environmental science, social studies, and language arts. The school is an option for juniors and seniors throughout the School District. Teachers Tom Goodwin and Steve Hage were also present and thanked the Council for its support and partnership in not only building the school, but programs as well. CABLE TELEVISION FRANCHISE RENEWAL Mr. Grawe gave the second reading of an ordinance replacing Article C2 of the City Code by granting a new 15-year franchise to Metro Cable Partners, LLC. The nonexclusive franchise incorporates changes in Federal law and cable technologies since 1984, when the last franchise was granted. Ordinance No. 660 MOTION: of Erickson, seconded by Goodwin , passing amending Appendix C of the City Code by replacing Article C2 granting a new 15-year cable system franchise to Marcus Cable Partners, LLC; and setting forth conditions, providing for regulation and use of the system and the public rights-of-way, and prescribing penalties for violation of the provisions. Mr. Grawe explained that the new franchise relieves Marcus of the responsibility for public, educational, and governmental (PEG) access. The City will be responsible for providing the community programming it deems necessary. As allowed by law, Marcus CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 5 will charge $.25 per month per subscriber which will be paid to the City for the service. The company will also provide a $90,000 capital grant for startup costs. This will be recovered by an additional $.25 fee for approximately three years. Councilmember Grendahl asked if the Telecommunications Advisory Committee will be preparing a budget and recommendation on programming? Mr. Grawe said if that is the direction of the Council, they will. Councilmember Goodwin said he prefers a “go slow” approach to instituting programming. There is not a need to fill all the time available with programs. Vote was taken on the motion. Ayes - 5 - Nays - 0. PALOMINO HILLS LAKESHORE ADDITION VACATION Mr. Gordon reviewed his memo dated April 19, 1999, describing proposed vacation of three unused stub street rights-of-way connecting to Rimrock Drive in Palomino Hills Lakeshore Addition. There are no utilities in the rights-of-way. A stub located at the intersection of Rimrock Drive and Reflection Road will be retained for access to Alimagnet Park. Councilmember Sterling asked what happens to vacated property? Mr. Dougherty said generally it is split between property on each side of it. There is a process for those property owners to determine ownership. The City does not make that determination, it only gives up the right to use the easement. Mayor Hamann-Roland called the public hearing to order at 8:40 p.m., on the vacation, and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the Council and public. There were none and the hearing was declared closed at 8:41 p.m. Resolution No. 1999-80 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of three stub street rights-of-way connecting to Rimrock Drive in Palomino Hills Lakeshore Addition and directing the City Clerk to record the necessary documents. Ayes - 5 - Nays - 0. VALLEY BUSINESS PARK EASEMENT VACATION Mr. Kelley reviewed his memo dated April 19, 1999, describing proposed vacation of an unused easement over property being platted as Valley Business Park, northwest of County Road 42 and Pilot Knob Road. He noted the vacation will only apply to parts of the easement that do not traverse other easements. There are no utilities in the easement and the vacation documents will not be recorded until the final plat is completed. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 6 Mayor Hamann-Roland called the public hearing to order at 8:44 p.m., on the vacation, and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the Council and public. There were none and the hearing was declared closed at 8:45 p.m. Resolution No. 1999-81 MOTION: of Grendahl, seconded by Sterling, adopting completing vacation of unused and unneeded portions of the drainage and utility easement, identified in Document No. 1320331, in the area being platted as Valley Business Park, and, subject to description modifications, directing the City Clerk to record the necessary documents. Ayes - 5 - Nays - 0. WALTER HOMES ADDITION Ms. Milton reviewed the Planning Commission recommendation on a proposed rezoning by Walter Homes of Lot 1, Block 2, Hidden Ponds; and part of Lot 2, Block 19, Cedar Knolls; located southwest of 130th Street and Germane. The proposal is to replat the property into six lots and construct three duplex buildings. The easternmost building would require a 10-foot front setback variance due to the topography. Councilmember Erickson said he viewed the site and the topography. He expressed concern with approving rezoning to allow a duplex, on the western lots, next to existing single family homes. Councilmember Goodwin agreed and said he does not believe proposed Lots 1 and 2 should be rezoned, but would consider rezoning the other four lots. Councilmember Sterling said the area was zoned for single family homes when surrounding homes were built and it should remain single family zoning. MOTION: of Erickson , seconded by Sterling, directing Staff to prepare a resolution making a finding of fact for denial of a petition by Walter Homes for rezoning, from R-3 to R-5, and a preliminary plat for six lots on Lot 1, Block 2, Hidden Ponds; and part of Lot 2, Block 19, Cedar Knolls; for consideration at the next meeting. Ayes - 5 - Nays - 0. CHATEAU ESTATES 7TH ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on a proposed subdivision of Lot 2, Block 1, Chateau Estates 3rd, into two lots. The existing house, at 13391 Havelock Trail, will remain on one lot and both new lots will meet zoning and subdivision requirements. New utility service connections, from Havelock Trail, will be required for the existing dwelling which now has its connections from Havelock Court. Councilmember Erickson said he viewed the site and does not see any issues with the subdivision. Because of the way the existing house is situated on the lot, it looks like there is a vacant lot now at the intersection of Havelock Court and Trail. CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 7 Resolution No. 1999-82 MOTION: of Goodwin, seconded by Erickson, adopting approving the preliminary plat of Chateau Estates 7th Addition (replat of Lot 2, Block 1, Chateau Estates 3rd) with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CHATEAU ESTATES 8TH ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on a proposed subdivision of Lot 7, Block 1, Chateau Estates, into three lots. The existing house, at 8477 - 133rd Court, will remain on one lot and all three new lots will meet the zoning and subdivision requirements. In the R-1 zone, a minimum lot width of 150 feet is required at the building setback line. A no-build easement will be required over the part of proposed Lot 2 that does not meet this width. Due to topography, driveways for the two new lots will be at the maximum grade allowed of 10 percent. Councilmember Erickson said the Council received a packet from Thomas Fabel, an attorney representing the neighbors, stating the subdivision should not be approved because there are restrictive covenants prohibiting lot splits. He asked the City Attorney to comment. Mr. Dougherty said the City establishes zoning and subdivision regulations which it enforces. Developers can put covenants on property that may be more restrictive and buyers can enforce them upon each other. These are private regulations, not public for the City to enforce, and have no bearing on the Council’s decision. Any one, or a group, of those propertyowners could go to court and enforce the covenants. Councilmember Erickson asked the Engineer to comment on a concern expressed to him by neighbors that allowing two more homes in the area would affect water pressure. Mr. Gordon said the area is in the low end of acceptable water pressure, at 40 pounds, due to its elevation in relationship to the water reservoir. Adding two more homes in the area would have no bearing on water pressure. Councilmember Sterling commented that the covenants will expire in four or five years and the lot could be subdivided at that time. Other neighborhoods also have covenants and people moved in knowing the restrictions and configuration of the neighborhood. She does not believe the lot split should be allowed at this time. Councilmember Grendahl asked whether the Council has discretion is approving a subdivision. She questioned the issue of limited fire truck access, due to the long driveways, and whether there is potential liability if the City approves the lots and houses are built Mr. Fabel, of Lindquist & Vennum, representing the neighborhood, was present and said though the City is not required to enforce covenants, it has discretion in approving a subdivision. The covenants were put in place in 1976 and expire after 30 years. If the City approves the CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 8 subdivision and the neighbors take action to enforce the covenants, the City would most likely be brought into the suit. The history of covenants is that if they are reasonable, they are enforceable. Kathy Teslaw, 8476 - 133rd Street, said she is opposed to the subdivision. If houses are built as proposed, her property would lose its privacy. She commented on a fire in the neighborhood a few years ago and the difficulty the Fire Department had in putting it out because of low water pressure. She commented on privacy lost at her previous home by gravel mining in the backyard and asked the Council not to approve the subdivision. Ken Malecha, 8448 - 133rd Street Court, said when homeowners moved into the neighborhood, they all knew what the covenants were. The lot split can wait until the covenants expire. The house proposed on the north lot would be in his backyard and the driveway would intrude visually on his property. Dan Reiland, of Johnson-Reiland Construction, said they will be the builders on the lots. The property owner, Mr. Buesgens, is out of town and not able to be present. They have done a tree inventory on the property and will be saving as many trees as possible. The homes proposed will not lower the value of surrounding property. They would be willing to place a conservation easement along the first ten feet of the lots if requested. Councilmember Erickson asked if a two-way lot split was considered? Paul Reiland said he and Mr. Buesgens met with City Staff on the subdivision. The property could be split into as many as five lots, but they determined three lots would better conform to the neighborhood. He could not comment on whether two lots would be considered, since there is more value in three lots. Councilmember Goodwin commented that there is an expectation in an existing neighborhood that lots will remain unchanged. He believes the Council has flexibility in making its decision. MOTION: of Grendahl, seconded by Sterling, directing Staff to prepare a resolution making a finding of fact for denial of a petition to subdivide Lot 7, Block 1, Chateau Estates; into three lots for consideration at the next meeting. Ayes - 5 - Nays - 0. Mr. Gretz said prior to the next meeting, Staff can contact the property owner to determine if a two-lot subdivision might be considered. CITY ADMINISTRATOR INTERVIEWS MOTION: of Erickson, seconded by Goodwin, setting City Council interviews of finalist candidates for the position of City Administrator on June 9, 1999, with the starting time to be determined. Councilmember Sterling asked whether the interviews will be conducted individually, by each Councilmember, or by the Council as a panel? Ms. Margarit said that is something CITY OF APPLE VALLEY Dakota County, Minnesota April 22, 1999 Page 9 the Council will have to determine. The consultant will be invited to attend the Council’s next informal meeting and discuss the format for interviews. Vote was taken on the motion. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated April 19, 1999, with a calendar listing upcoming events. Mayor Hamann-Roland noted that this is also Professional Secretaries’ Week and thanked all support staff for their assistance. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated April 14, 1999, in the amount of $931,112.87; and April 21, 1999, in the amount of $14,609,338.63. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss pending litigation. The only item to be discussed involves Williams Pipe Line Company litigation. MOTION: of Erickson, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss pending litigation related to Williams Pipe Line Company matters. Ayes - 5 - Nays - 0. The meeting was closed at 10:00 p.m. and the Council convened in the Conference Room, at 10:10 p.m., along with City Attorney Dougherty, City Administrator Gretz, City Clerk Mueller, and Public Works Director Miranowski. Mr. Dougherty advised the Council that its discussion must be limited to the litigation item and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 10:57 p.m. MOTION: of Erickson, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:58 o’clock p.m.