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HomeMy WebLinkAbout04/28/2005 CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 28, 2005, 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 Gackstetter, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, 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 led by Boy Scouts Matt Berntsen, Craig Fangmeier, Dirk Gaymor, Travis Lawell, Matt Polum, and Mark Zingler, from Troop 290. 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. Gary Shade, 15989 Garden View Drive, voiced concern over urbanization and stated he was opposed to the urban park he read about in the paper. CONSENT AGENDA MOTION: of Bergman, seconded by Goodwin, moving consideration of the resolution authorizing eminent domain for property located at the northwest quadrant of Pilot Knob Road and 160th Street W. to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of April 14, 2005, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 2 Resolution No. 2005-55 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of permanent dugout coverings for six fields at Johnny Cake Ridge Park, valued at $15,360.00, from the Eastview Athletic Traveling Baseball Association. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming April 29, 2005, as “Arbor Day” and May 2005, as “Arbor Month”, and encouraging citizens to participate in tree planting programs. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming May 1-7, 2005, as “Drinking Water Week”, and encouraging citizens to help protect our waters from pollution and practice conservation. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting the Cemetery Advisory Committee’s 2004 cemetery report. Ayes - 5 - Nays - 0. Resolution No. 2005-56 MOTION: of Bergman, seconded by Goodwin, adopting approving the City Council Proclamation Policy. Ayes - 5 - Nays - 0. Resolution No. 2005-57 MOTION: of Bergman, seconded by Goodwin, adopting approving 2005 Special Assessment Roll No. 533, for hearing purposes, in the total amount of $101,991.60 for delinquent charges, and setting the public hearing, at 8:00 p.m., on May 26, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-58 MOTION: of Bergman, seconded by Goodwin, adopting approving 2005 Special Assessment Rolls No. 534, for hearing purposes, in the total amount of $271,184.00, and setting the public hearing, at 8:00 p.m., on May 26, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a 2005 Refuse Collection License to Nitti Sanitation, Inc. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Contract with Dan Bale as Team Leader for the 2005 Wetland Health Evaluation Program, at a cost of $2,135.00, as attached to the Natural Resources Coordinator’s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with the City of Burnsville for completing water quality projects in Lake Alimagnet, at a cost not to exceed $25,000, split evenly between both cities, as attached to the Natural Resources Coordinator’s memo dated April 28, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 3 MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with the State of Minnesota for a finger rapid identification device, with conditions, as attached to the Police Captain’s memo dated April 21, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing participation in the Community Oriented Policing Services (COPS) Secure Our Schools grant program with Independent School District 196, and approving the grant in the amount of $50,000, as attached to the Police Chief’s memo dated April 20, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement with Retailers Protection Association for participation in the Worthless Check Program, as attached to the Police Captain’s memo dated April 21, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Fireworks Display Agreement with Melrose North Pyrotechnics, Inc., to provide a fireworks display on July 4, 2005, at a total cost of $17,100.00, as attached to the Parks and Recreation Director’s memo dated April 25, 2005; subject to receipt of a fireworks permit and certificate of insurance, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Supply and Installation of Locker Room Floor Tiles with Becker Arena Products, Inc., in the amount of $17,648.30, as attached to the Arena Manager’s memo dated April 21, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-59 MOTION: of Bergman, seconded by Goodwin, adopting authorizing participation in the National Flood Insurance Program. Ayes - 5 - Nays - 0. Resolution No. 2005-66 MOTION: of Bergman, seconded by Goodwin, adopting approving request for proposals for Project 02-189, Southern Athletic Complex Excavation and Purchase of Sand and Gravel; and authorizing advertising for receipt of bids, at 2:00 p.m., on June 2, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with G. L. Contracting, Inc., for Project 03-232, Miscellaneous Utility Improvements, adding $19,975.57 for additional work at the Burnsville watermain connection, the storm sewer on 131st Street W., and the storm sewer at Cimmaron Road and Pennock Avenue. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 4 Resolution No. 2005-61 MOTION: of Bergman, seconded by Goodwin, adopting rejecting bids for the completion of the Municipal Center lower level locker facilities and other facility remodeling project. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving release of the Option Agreement for street right-of-way related to the Valley Oaks Estates project, as described in the Assistant City Attorney’s memo dated April 26, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Stephan Rother to the full time position of Maintenance Worker I, as listed in the Personnel Report dated April 28, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring seasonal employees listed in the Personnel Report dated April 28, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POLICE CAPTAIN LOHSE RETIREMENT Police Chief Johnson commented on Police Captain Merle Lohse’s career with the City beginning 27 years ago. He will be retiring effective April 29, 2005. Mayor Hamann-Roland and the City Council congratulated him on his retirement and thanked him for his service. He was presented with an engraved “Key to the City” and a golden apple recognizing his service to the City. MEMORIAL DAY PROCLAMATION Councilmember Grendahl read the proclamation, proclaiming May 30, 2005, as “Memorial Day”. MOTION: of Grendahl, seconded by Erickson, proclaiming May 30, 2005, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United Stated. Ayes - 5 - Nays - 0. POPPY DAYS PROCLAMATION Rose Neff and Marlene Heinzen, of the American Legion Auxiliary Poppy Committee, were present. Ms. Neff read a proclamation, proclaiming May 20 and 21, 2005, as “Poppy Days”. The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Bergman, seconded by Grendahl, proclaiming May as “Poppy Month” and May 14-15, 2004, as “Poppy Days” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 5 LEGACY SHOPS Ms. Dykes reviewed the Planning Commission recommendation for authorization of the site plan and building permit for Legacy Shops, an approximately 44,800 square foot two-story, L-shaped mixed use building located on the southeast corner of Galaxie Avenue and 153rd Street W. The building is double-loaded as required by the Central Village Plan. The plan includes a pedestrian plaza, decorative walkways, 280 surface parking spaces, and a 79-space underground garage. The total number of parking spaces available to the entire Legacy commercial area, including surface, garage, and on-street parking, is 385. This is just 2 short of the parking model which indicates a peak demand of 387 during 11:30 a.m. and 1:30 p.m. The Natural Resources Coordinator has recommended changes to the landscape plan and the City Engineer has several outstanding issues. Because of the outstanding issues relating to the grading of the site, staff recommends proceeding with the site plan authorization but withholding action on the building permit until the applicant has submitted a detailed excavation plan addressing the City Engineer’s concerns. Councilmember Bergman questioned the long list of conditions. Ms. Dykes indicated staff is comfortable with the conditions, there are many things to consider and it is a relatively tight site. Councilmember Goodwin expressed concern over the number of parking spaces. He noted other locations having the full amount recommended are often short on parking, and this location is a couple parking spaces short of the recommended amount. Ms. Dykes said the City amended its restaurant parking requirements within the last couple of years so more parking spaces are currently required. Resolution No. 2005-62 MOTION: of Bergman, seconded by Erickson, adopting approving the site plan for Legacy Shops, a mixed use commercial building, located on the southeast corner of Galaxie Avenue and 153rd Street W., with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. DIAMOND GATES After distributing revised elevation drawings, Ms. Bodmer reviewed the Planning Commission recommendation for a reauthorization of the site plan and building permit for Diamond Gates, which includes two 43-unit condos located on the southwest corner of Cedar Avenue and 140th Street W. The original permit expired and the developer revised the layout and exterior since that time. The site includes two 5-story condominium buildings, 4 stories of living space and 1 story of garage space. During a meeting with staff this morning, the petitioner agreed to following three changes to the plans: placing visible doors to the lower level units leading to the patios, keeping the curved retaining walls around the patios, and placing steps between the patios for access to the lower level units within the courtyard. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 6 Jim Povolny, of J & H Development, LLC, was present to answer questions. He also said the grand opening sales kick-off event is scheduled for May 21, 2005. Resolution No. 2005-63 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of Diamond Gates, located on the southwest corner of Cedar Avenue and 140th Street W., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. EASTWOOD RIDGE 2ND ADDITION Mr. Lovelace reviewed the Planning Commission recommendation for rezoning, variances, and preliminary plat for Eastwood Ridge 2nd Addition, a 10.49-acre site located at 12845 Galaxie Avenue. The petitioner is requesting the site be rezoned from R-1 (Single Family Residential, 40,000 square foot minimum lot) to R-2 (Single Family Residential, 18,000 square foot minimum lot) and R-3 (Single Family Residential, 11,000 square foot minimum lot). The plan is to divide the site into 21 single family residential lots, with the 10 lots on the east side being zoned R-2 and the 11 lots on the west side being zoned R-3. Two public streets are proposed. The lots on the west would be served by Garret Court, which would meet with Garret Avenue. The lots on the east would be served by 128th Street Court which would intersect with Galaxie Avenue. The front yard set back variance request is for Lots 7 and 18. The side yard setback variance is for Lot 21. The street grade variance is for an additional two percent for a small east-west section of Garrett Court. Councilmember Bergman asked if there are sidewalks to the south of this development. Mr. Lovelace said there are not sidewalks along Garrett Avenue but staff is recommending sidewalks in this development. There are also plans to construct a bituminous pathway between Lots 6 and 7 which would lead to Cedar Knolls Park. The sidewalk will connect with that pathway. Councilmember Bergman asked if the front yard variance for Lots 7 and 18 could be eliminated if a sidewalk was not installed. Mr. Lovelace said the variance request is largely due to grading on the lot. Councilmember Bergman said he agrees with the sidewalk along 128th Street Court but does not agree with requiring a sidewalk along Garret Court. Councilmember Erickson said he agrees with staff and would like sidewalks installed. Areas in the City where sidewalk is missing will need to be corrected. Mr. Lovelace reviewed landscape, tree preservation, and grading plans, and comments received at the Planning Commission public hearing. The proposed conservation easements are designed to protect significant trees and provide areas for infiltration. The tree survey shows approximately 51 percent of the significant trees on the site will be preserved. Due to the large number of trees which will need to be replaced, the City is requiring a landscape plan that will identify tree species and location on the site. Mayor Hamann-Roland asked if there are any changes which could be made to save additional trees. Mr. Lovelace said in order to save more trees along the ridge, the petitioner may want to CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 7 consider removing the two lots along Galaxie Avenue, which would shift the remaining lots 100 feet to the east. Councilmember Grendahl noted the number of comments from the public hearing and asked if the study for a stop sign at Germane Avenue and 127th Street has been done. Mr. Heuer said the study was completed and it does not meet the warrants for a stop sign. Councilmember Grendahl asked if that information was communicated to the public. Mr. Heuer said the study was not completed until after the last meeting. Mayor Hamann-Roland requested staff send a written response with the findings of the study to the individual requesting the stop sign. Bill Diedrich, of Diedrich Builders, Inc., was present to answer questions. Mayor Hamann- Roland asked Mr. Diedrich if it is possible to save more trees. Mr. Diedrich said it is a difficult site due to the elevations and he believes they have done the best job possible. Mayor Hamann- Roland asked Mr. Diedrich if he would consider shifting the lots to the east as Mr. Lovelace had described. She expressed concern that 50 percent of the trees would not be saved and noted there is at least one tree in the footprint of a home. Councilmember Bergman noted the City has required other developers to meet the same goals. Mr. Diedrich said he could transplant 13 large spruce trees. Mayor Hamann-Roland said mature trees which have been replanted have a high risk of dying, which could ultimately lower the goal of saving 50 percent of the trees. Councilmember Goodwin said he agrees with the Mayor and recommends removing the two lots along Galaxie Avenue. He also questioned the number of trees identified as being saved, noting at least one tree marked as being preserved would likely not make it due to construction damage. Councilmember Bergman said he agrees with Councilmember Goodwin and stressed the importance of saving the trees. Councilmember Erickson noted that the more wooded a lot is the more difficult it is to develop due to the volume of trees required to be preserved and asked if there is some compromise. Mr. Diedrich said he is willing to discuss the plan further with staff. He then said he wanted to ask the Council if they would consider a 20-foot variance for the driveway on Lot 7, instead of 30 feet. It would allow the retaining wall behind the garage/home to be reduced from 14 feet to 8 feet. Mr. Lovelace said he disagrees with Mr. Diedrich in that he is building custom lots and it is the expectation of the Planning Commission the developer meets the City’s criteria. MOTION: of Goodwin, seconded by Grendahl, continuing the discussion on Eastwood Ridge 2nd Addition at the meeting May 12, 2005, to allow the developer additional time to work with staff to ensure a minimum of 50 percent of the trees on this site are saved. Mr. Diedrich said he would agree to withholding action on his request until then. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 8 EMBRY ESTATES Ms. Bodmer reviewed the Planning Commission recommendation to rezone a portion of Embry Estates, located on the private street portion of Embry Way east of Pilot Knob Road, from R-1 (Single Family Residential, 40,000 square foot minimum lot) to R-2 (Single Family Residential, 18,000 square foot minimum lot); approve variances to allow the use of a shared private driveway for four lots, and allow the design of the Embry Way cul-de-sac to be 1,850 feet and serve 19 single family residences; and approve the subdivision by preliminary plat with conditions. She reviewed the landscape, tree preservation, and grading plans. According to the tree preservation plan, the minimum number of trees saved will be 53.4 percent. The average lot size is 31,520 square feet. The project has been discussed for 18 years. At this time, all the property owners have agreed to public water, sanitary sewer, storm sewer, and public street. Councilmember Erickson said at one time plans were to connect Embry Way with Pilot Knob Road. Ms. Bodmer said the individual owning the three lots along Pilot Knob Road originally intended to be part of the project, but because his home was in the pathway of the proposed road and moving the road was not an option, he opted not to participate. Chuck Ryan, of Solvoll Corporation, was present. He thanked the neighbors in the area for working together to come up with this plan. Ordinance No. 773 MOTION: of Goodwin, seconded by Erickson, passing rezoning the Spindler, Doerner, Haase, Klemz, and Solvoll properties from R-1 to R-2, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a variance to allow a shared private driveway for Lots 6, 7, 8, and 9, Block 2; and a variance to allow the design of the Embry Way cul-de-sac to be 1,850 feet and serve 19 single family residences, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-64 MOTION: of Erickson, seconded by Goodwin, adopting approving the Embry Estates Addition preliminary plat and subdividing 8 lots into 19 lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-65 MOTION: of Grendahl, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary report for Embry Estates. Ayes - 5 - Nays - 0. WALMART CONDITIONAL USE PERMIT FOR PROPANE TANKS Mr. Lovelace reviewed the request by Wal-Mart, located at 7835 – 150th Street W., for a Conditional Use Permit for outdoor display and storage of propane tanks within their permanent CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 9 outdoor garden center. At the request of the Planning Commission, the location of the tanks has been moved to a location closer to activity in the indoor garden center. Wal-Mart’s attorney was present. He said Wal-Mart employees have been trained in the proper handling of propane tanks, a training policy is in place, the propane tanks are stored in cages, and the cages are locked. Councilmember Grendahl questioned whose semis are parked on the south side of Wal-Mart. Debra McNaulty, Wal-Mart Store Manager, said she has purchased no parking signs which should be posted on site in less than two weeks. She further said managers keep a stock of form letters in their vehicles and place them on trucks when they see them, and they will call the Police Department if necessary. Councilmember Bergman said he has noticed several trees and shrubs have died or are in need of a trim. Ms. McNaulty said Wal-Mart has recently contracted with Wagner Sod Company to replace trees and shrubs which have died, and they are working at cleaning up and maintaining their landscaping. Resolution No. 2005-66 MOTION: of Erickson, seconded by Goodwin, adopting approving the Conditional Use Permit to allow for display and sales of propane tanks in the Wal-Mart permanent outdoor garden center, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE AMENDING CEMETERY FEES Mr. Heuer gave the first reading of an ordinance amending the Fee Schedule Appendix of Title III of the City Code by adjusting fees and charges for cemetery lot sales and interment, as attached to his memo dated April 28, 2005. The proposed changes include increasing the non-resident rate to 200 percent the resident rate for lots and niches, and increasing the interment/opening fee for an adult (over four feet) from $650 to 750. The Cemetery Advisory Committee unanimously recommended the increases at its meeting on April 19, 2005. The Council accepted the first reading. The second reading will be May 12, 2005. EMINENT DOMAIN ON FISCHER PROPERTY Mr. Dougherty said the Council previously authorized the City to enter into a joint powers agreement with the County authorizing use of eminent domain to acquire property needed for a water tower and southern athletic complex. The property is owned by David Fischer and located at the northwest quadrant of Pilot Knob Road and 160th Street. The County acquired the property it needed for the reconstruction of Pilot Knob Road and the park-and-ride lot, but due to time constraints was unable to include the condemnation action on behalf of the City. The resolution before the Council authorizes use of eminent domain by the City Attorney to acquire the property needed for the water tower and southern athletic complex. Prior to the meeting Mr. Fischer requested this item be pulled from consent so he may make a request of the Council. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 2005 Page 10 David Fischer, 15957 Dodd Boulevard, said he has owned the property for 30 years and would like an additional 30 days until the Council authorize use of eminent domain. He indicated an additional appraisal was just completed and he hoped to have that information prior to any further negotiations. MOTION: of Goodwin, seconded by Erickson, to table consideration of authorizing use of eminent domain for the property located on the northwest quadrant of Pilot Knob Road and 160th Street W. until the Council Meeting of May 26, 2005. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland said for the City of Apple Valley has been named a 2004 Tree City USA by the Arbor Day Foundation. This is the 24th year the City has earned a Tree City USA distinction. Councilmember Grendahl reminded everyone the City’s tree and shrub sale is this Saturday, April 30, 2005, from 8:00 a.m. to 12:00 noon, and encouraged those interested to get to the sale early. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated April 25, 2005, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated April 21, 2005, in the amount of $454,993.65; and April 28, 2005, in the amount of $7,949,391.03. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned.