Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 30th, 2003, at 8:00 o'clock p.m., at Apple Valley Municipal Center.

PRESENT: Councilmembers Bergman, Erickson, Goodwin, and Grendahl.

ABSENT: Mayor Hamann-Roland.

City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick, Police Captain Anglin, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Community Development Director Kelley, Human Resources Manager Strauss, and Fire Chief Wassmund.

Acting Mayor Erickson 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 Bergman, seconded by Grendahl, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0.

AUDIENCE

Acting Mayor Erickson 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 Bergman, seconded by Goodwin, approving all items on the consent agenda, with no exceptions. Ayes - 4 - Nays - 0. (Councilmember Grendahl stated she was abstaining from voting on the Agreement for 2004 Electrical Services.)

CONSENT AGENDA ITEMS

MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of December 8th, 2003, as written. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-238 approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Southview Parent Teacher Organization, for an event on May 14, 2004, at 1025 Whitney Drive; and waiving any waiting period for State approval. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a change in corporate officer for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, in connection with the On-Sale Liquor License at 14658 Cedar Avenue, naming James M. Schmidt as Vice President; as described in the City Clerk's memo dated December 22, 2003. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-239 establishing revised uniform land values for calculating cash in lieu of land contributions for public land dedications resulting from subdivisions, at $95,000 per acre for single family residential, $120,000 per acre for multiple family residential, $80,000 per acre for industrial, and $240,000 per acre for commercial uses. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-240 making a negative declaration on the need for an Environmental Impact Statement (EIS) for the proposed Harmony Commons development, located west of Galaxie Avenue between 152nd and 155th Streets, and authorizing publication of the findings. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-241 approving the final plat of Levine Subdivision No. 2, waiving the requirement for a development agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving acquisition of a Ponding and Drainage Easement on part of Lot 5, Block 2, Palomino Hills, and authorizing payment of $600.00 to Michael and Tanya Hunter, as attached to the City Engineer's memo dated December 19, 2003. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-242 requesting that the Metropolitan Council review the Tier I Sewer Element of the Comprehensive Plan against the Tier II content requirements to fulfill the requirement of a Tier II Comprehensive Sewer Plan. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-243 approving specifications for refurbishing Unit 4988, a 1994 Spartan Gladiator Fire Pumper Truck, and authorizing advertising for receipt of bids, at 2:00 p.m., on January 27, 2004. Ayes - 4 - Nays - 0.

MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2003-244 finding that the 1975 Ford Class A Pumper, Fire Unit Number 4983, is surplus property and no longer needed by the City and authorizing advertising for sale of the unit, by sealed bids, with a $5,000.00 minimum bid, at 2:00 p.m., on January 27, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-245 awarding the contract for Project 03-242, Well Pumps No. 8, 12, and 13, and Water Treatment Plant High Zone Pump 2 Maintenance, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $56,946.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-246 awarding the contract for Project 03-244, Diesel Standby Generator and Installation for Well No. 10, to Ziegler Power Systems, the low bidder, in the amount of $83,355.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Project 03-221, Deep Well No. 18 Drilling, as final and authorizing final payment on the contract with E. H. Renner & Sons, Inc., in the amount of $19,478.12. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, accepting Project 01-169, Water Treatment Plant Clearwell Expansion, as final and authorizing final payment on the contract with Marcy Construction, in the amount of $18,000.00. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving a Consultant Agreement for Water System Vulnerability Assessment with Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA), as attached to the Public Works Supervisor's memo dated December 30, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving extension of an Agreement for Electrical Maintenance Services for 2004 with Burnsville Electric/Mechanical, Inc., as attached to the Public Works Director's memo dated December 30, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0 (Grendahl Abstained).

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-247 setting the reimbursement rate for mileage, under the travel policy, at $.375 per mile effective January 1, 2004. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving the 2004-2005 Labor Agreement with AFSCME Council 14, Local No. 479, Maintenance Employees, as attached to the Human Resources Manager's memo dated December 22, 2003, and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2003-248 approving and implementing the 2004 Employee Pay and Benefit Plan. Ayes - 4 - Nays - 0.

MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated December 30, 2003. Ayes - 4 - Nays - 0.

END OF CONSENT AGENDA

EASEMENT VACATION, CARROLLTON ESTATES 2ND ADDITION

Acting Mayor Erickson called the public hearing to order, at 8:03 p.m., to consider vacating part of a drainage and utility easement on Lot 13, Block 3, Carrollton Estates 2nd Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed his memo, dated December 22, 2003, describing the request to part of the easement at the southwest corner of a porch and deck addition on the house. Engineering staff staked the lot to determine the actual high water elevation of the pond and construction is not within that area. Vacating that part of the easement will not adversely impact the pond.

The Acting Mayor asked for questions or comments from the Council and the public. Councilmember Bergman asked if there are other homes around the pond where additions have been constructed that could be encroaching on the easement. Mr. Kelley said a map of the plat has been compared with an aerial photo of the area and none are apparent. The only way to determine it is by an actual survey, but that does not appear to be necessary. There were no other comments and the hearing was declared closed at 8:06 p.m.

MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2003-249 completing vacation of part of a drainage and utility easement on Lot 13, Block 3, Carrollton Estates 2nd Addition (14625 Hallmark Drive), and authorizing recording the necessary documents with Dakota County. Ayes - 4 - Nays - 0.

DAHLE OAKS SUBDIVISION

Ms. Bodmer reviewed the Planning Commission recommendation on Dahle Oaks subdivision, proposed with eight single family residential lots on a 4.7-acre site at 12810 Galaxie Avenue. The site is zoned R-1 (single family, 40,000 square foot minimum lot size) and would need to be rezoned to R-2 (single family, 18,000 square foot minimum lot size) to allow the development. The average size of lots in the proposed subdivision is 25,600 square feet. One public street is proposed, terminating in a temporary cul de sac that could be extended into property to the south when it develops. She reviewed landscape, tree preservation, and grading plans, and comments received at the Planning Commission public hearing.

The Planning Commission asked the developer to provide a five-lot layout, which could be developed without rezoning, to compare with the eight-lot proposal. Approximately 59% of the trees could be saved with a five-lot layout while 51% are saved on the eight-lot plan. However, the five-lot layout shifts the cul de sac farther west causing topography issues for any future street extension.

In order to save trees, conservation easements are proposed adjacent to the pond and wetland and would take about 7% of the site. The developer has indicated a willingness to provide additional conservation easements, of approximately 15%, if the site is rezoned. Custom grading on the northern lots would also save additional trees. Ms. Bodmer reviewed a plan showing potential additional easements. For these reasons, the Planning Commission recommended that any Natural Resources Management Permit be reviewed by both the Planning Commission and Council for approval.

Charles Ryan, of Dahle Brothers, commented on the history of zoning on the property and their previous proposal for townhomes. They submitted a compromise proposal for eight single family lots with R-2 zoning even though that zoning would allow up to 11 lots. The current R-1 zoning would allow five lots. The eight lots average 25,635 square feet in size and the average of the eight neighboring lots, to the east, is 16,367 square feet. Only one of these lots abuts the property. He reviewed the tree inventory and the concept of an additional conservation easement to save trees. If the front setback for Lots 4, 5, and 6 is reduced, additional trees could be saved. When the temporary cul de sac is removed, homes on those lots would then have a setback similar to the other homes.

He reviewed the phasing which would start with grading the road and moving the existing house to Lot 8. Grading plans were prepared showing all rambler house styles which would probably be worst case scenarios in number of trees removed.

The Council asked whether the developer had met with neighbors to present the revised plans noting very few attended the Planning Commission public hearing. Mr. Ryan said such a meeting had not taken place, but he would be willing to wait for action on the request and meet with them. The Council asked that further details on the concept of conservations easements also be presented at such a meeting.

Loran Gruman, 12775 Foliage Avenue, said after the townhome proposal was denied, he thought the property would remain R-1 and he would not support the change to R-2. He commented on retaining R-1 zoning in the City to maintain diversity in housing. He stated there are only five homes that abut the pond now and preserving the water quality is an issue for them. He questioned whether the number of trees shown to be saved can be accomplished and saved from construction damage.

Kenneth Graber, 12855 Foliage Avenue, said he does not have a problem with the plan, but asked how a conservation easement is enforced? Ms. Bodmer said it is done by a separate document filed with the deed or title. Signs are posted advising that no tree removal or grading can occur in the area. Violations are subject to restoration costs, court costs. Etc.

Jesus Rodriguez, 12815 Foliage Avenue, commented on oak trees lost in their neighborhood from construction damage. The soil is hard packed clay making tree roots more susceptible to damage. He is concerned that the more homes that are built the more trees that will die.

Steve Loosbrock, 12805 Foliage Avenue, asked why the City can't do something different and get a larger easement whether the property is zoned R-1 or R-2. Councilmember Goodwin said all development involves some type of compromise. Under R-1 zoning the City is more limited as to what it can require of a developer. When a rezoning is requested, the City has more ability to impose requirements such as the conservation easements.

Robin Allen, 12765 Foliage Court, said she would like to see the area remain zoned R-1 and expressed concern about increased traffic on Galaxie Avenue.

Kim Holman, 12758 Foliage Court, asked about the width of the easement proposed at 30 or 50 feet and whether it could be changed. He also asked if the homes could be shifted north. Mr. Ryan said the easement details have not been determined yet. They would have to look at the site to consider shifting homes to the north. The building sites were moved away from that area because that is where there are more trees.

MOTION: of Grendahl, seconded by Goodwin, tabling consideration of Dahle Oaks subdivision rezoning and preliminary plat until January 22, 2004, to allow the developer to meet with the neighborhood and discuss the proposal and conservation easements at a City-facilitated meeting.

Mr. Ryan said he would agree with holding action on the request until then.

Vote was taken on the motion. Ayes - 3 - Nays - 1 (Bergman).

Mr. Lawell suggested January 13, 2004, as a date for the meeting and asked neighbors present to leave their names and addresses for notification.

COMMUNICATIONS & CALENDAR

The Council received a memo dated December 22, 2003, with a calendar listing upcoming events.

CLAIMS AND BILLS

MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated December 10, 2003, in the amount of $333,689.95; December 17, 2003, in the amount of $18,728,605.00; December 22, 2003, in the amount of $4,313,393.70; and December 29, 2003, in the amount of $2,894,286.15. Ayes - 4 - Nays - 0.

MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0.

The meeting was adjourned at 10:31 o'clock p.m.