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HomeMy WebLinkAbout03/13/2008 CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 13th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, Assistant City Administrator Grawe, Deputy City Clerk Murphy, City Attorney Dougherty, Assistant City Engineer Bennett, Finance Director Ballenger, Public Works Director Heuer, Parks and Recreation Director Johnson, Utilities Superintendent Blommel Johnson, Police Chief Johnson, Associate City Planner Dykes, Community Development Director Nordquist, Police Captain Marben, Police Captain Rechtzigel, 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 Goodwin, seconded by Grendahl, accepting new resolution for item 4.G.1, postponing item 4.H - Proposal from Maximus Financial Services for Fee Study for Regulated Activities to a future date, and accepting a revised item 8, and approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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. Mr. Brian Bessler and Ms. Paula Christiansen, Directors of the Apple Valley Foundation, announced the Ninth Annual Celebration of Spring to take place Saturday, March 15, from 6:00 p.m. to 9:30 p.m., at the Minnesota Zoo. Mr. Bessler stated the event is open to the public and encouraged everyone to attend this free event. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Bergman requested to pull items 4.G.1, 4.G.2, and 4.J.3 for the purpose of discussion and place on the regular agenda. MOTION: of Grendahl, seconded by Bergman, moving items 4.G.1, 4.G.2, and 4.J.3 to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 2 CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of March 13, 2008, as written. Ayes - 4 - Nays - 0. Resolution No. 2008-46 MOTION: of Grendahl, seconded by Bergman, adopting approving renewal of the two-year Minnesota Lawful Gambling Premises Permit for Apple Valley American Legion, Post 1776, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. Resolution No. 2008-47 MOTION: of Grendahl, seconded by Bergman, adopting approving renewal of the two-year Minnesota Lawful Gambling Premises Permits for Apple Valley Hockey Association at: Apple Place Bowl, 14917 Garrett Avenue; Grizzly’s Grill N Saloon, 15020 Glazier Avenue; Majors Sports Bar, 14889 Florence Trail; and Rascals Bar & Grill, 7721 147th Street West; and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, receiving the Cemetery Advisory Committee’s 2007 Annual Report. Ayes - 4 - Nays - 0. Resolution No. 2008-48 MOTION: of Grendahl, seconded by Bergman, adopting supporting the Dakota County Application for Blue Cross and Blue Shield Active Living Minnesota Phase II Grant, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the reduction of financial guarantees for Founders Circle Development from $1,200,000.00 to $1,000,000.00 and Cobblestone Lake Commercial from $372,294.00 to $75,000.00, as listed in the Community Development Department Assistant’s memo dated March 13, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-49 MOTION: of Grendahl, seconded by Bergman, adopting setting a public hearing, at 8:00 p.m., on April 10, 2008, to consider vacating right of way at Lot 1, Block 7, and Lot 1 Block 8, The Legacy of Apple Valley North. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Client Services Agreement with Wells Fargo Insurance Services for 2008-2009, in the amount of $7,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement with Apple Valley Aluminum, Inc., for Bench and Trash Can Millwork, in an amount not to exceed CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 3 $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement with Dakota Fence of Minnesota for 2008 Metal Fence Fabrications, in the amount of $22,970.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, setting a Special Informal Meeting with the Planning Commission at 6:00 p.m. on March 27, 2008, to discuss the 2030 Comprehensive Plan Update. Ayes - 4 - Nays - 0. Resolution No. 2008-50 MOTION: of Grendahl, seconded by Bergman, adopting approving amending the 2008 Employee Pay and Benefit Plan, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring the temporary, part-time, and seasonal employees, and accepting the resignation of employees listed in the Personnel Report dated March 13, 2008. Ayes - 4 - Nays – 0. END OF CONSENT AGENDA 2008 OUTDOOR POOL WATER MANAGEMENT Councilmember Bergman requested comparisons of what the City has spent in the past and what the needs are for the current year. Resolution No. 2008-51 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for 2008 Outdoor Pool Water Management at Redwood Municipal Pool and Apple Valley Aquatic Center to Hawkin’s, Inc., d/b/a Hawkin’s Water Treatment Group, in the total amount of $54,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. BATTERY POWERED SELF-PROPELLED ICE RESURFACING MACHINE Councilmember Bergman stated there had been discussion on this item at budget time and the estimated cost was around $80,000. The actual bid came almost at $103,000 and he did not see what the trade-in or value was. He stated that the bid came in just $255 under budget and was wondering if the City was anticipating a trade-in and did the City know before going into this that almost $103,000 was going to be the bid price. Mr. Johnson said yes, the City knew that. The only bid received was from Zamboni. He stated the Olympia they currently have is not of the quality they need. He said Zamboni is a very unique market and they state very closely to what it is going to cost the City including the trade-in. It was open to two other bidders; however, the City did not receive more than the Zamboni bid. CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 4 Resolution No. 2008-52 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for a Battery Powered Self-Propelled Ice Resurfacing Machine for Hayes Park Arena with Frank J. Zamboni and Company, Inc., in the total amount of $79,745.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. JOHNNY CAKE RIDGE PARK-EAST CONCESSION BUILDING RE-ROOFING Councilmember Bergman asked if the re-roofing will be funded out of the referendum. He wants cost numbers presented to the Council as the referendum projects are complete. Mr. Johnson stated the re-roofing is part of the bond referendum. As was done in the past, he would be able to supply a quarterly or semi-annually report detailing where the funds from the current referendum are spent. This project cost about 50 percent less than anticipated as stated in the referendum brochure, due to the bidding climate. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Johnny Cake Ridge Park-East Concession Building Re-Roofing with Metro Building Systems, Inc., in the amount of $15,477.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CHATEAU ESTATES SIXTH ADDITION VACATION OF EASEMENTS Ms. Dykes presented the vacation of easement request by the petitioner at 13599 Harwell Path. In 2006, the property owner began construction on two retaining walls on the east and west sides of the property in existing drainage and utility easements. City Code prohibits the location of structures, buildings, or any uses in public rights-of-way, including drainage and utility easements. The homeowner was informed that the walls would either need to be removed or the easements would need to be vacated if he wished to construct the walls. The homeowner, Mr. Johnson, worked with neighbors on the west side of the property and obtained approval from them. The City vacated the easement on the west side in 2006. The homeowner has been unable to reach an agreement with the neighbor on the east side of the property in order to vacate the easement. The homeowner has applied for an NRMP and the City Engineer has no outstanding issues with the application and expects to approve the permit, subject to the approval of the vacation. Councilmember Goodwin stated he was at a conference out of town and has not had the opportunity to return phone calls regarding this vacation request and asks that the City Council hold the public hearing tonight but not take action tonight on this item. He asked if it was necessary for the City to have an easement. Would the City be better off without this easement. He stated this is an entirely different issue than a wall. CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 5 Ms. Dykes stated the City's only involvement is the easement and not the issue of the wall. She stated all subdivisions require drainage and utility easements when the property is platted so utility companies have a place to install utilities and service neighborhoods. If the City releases the easement, then the City no longer has access to that property. Ms. Dykes stated that since this is an established neighborhood it is not likely the City would need that easement. Councilmember Goodwin confirmed he understood the staff recommendation and that the City had some need for the easement in the past but it is not currently needed. Councilmember Grendahl asked if the property owner was not aware of state law regarding buildings on the property lines. Ms. Dykes stated the applicant would need to speak to that. Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., to consider the vacation of drainage and utility easements at 13599 Harwell Path, Lot 1, Block 1, Chateau Estates Sixth Addition, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. Mr. Leslie Johnson, 13599 Harwell Path, requested the easement for the purpose of a four-foot concrete wall. He stated there really are two walls he is building and two existing walls in the back. The purpose of the walls is to correct excess drainage to the property to the east, to level up and make the land useable, to save a significant red oak tree which stands in the acute slope, and to complete the landscaping vision they have had over the years. He stated he should have thought about the laws but one of the walls was constructed 20 years earlier by a contractor and feels he could have been misled by the contractor. Councilmember Grendahl asked the property owner if he was talking about a wall that was not shown in the pictures because she has been past there a few times. She asked the owner if he thought he could build the front wall because there was a back wall. Mr. Johnson stated he just never thought about that. Councilmember Grendahl asked Mr. Johnson if he was protecting the oaks and that compression on the roots could mean the loss of those trees. Mr. Johnson stated he would probably lose the trees if he is not able to do something with them. The soil has been washing away from the root system because of the slope and the lower branches already died out. He said there are multiple things he is trying to gain here and does not know if he will win them all. CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 6 Councilmember Goodwin stated there is a City forester and it may be a benefit to contact him and gain advice. He said he would hate to see the homeowner, in an effort to save the tree, kill the tree. Mr. Johnson agreed he would like to have the City forester look at the tree and give him some advice. He stated since he has moved there 20 years ago, they have spent time working on a landscaping vision and trying to preserve the trees. Councilmember Bergman stated he talked to Mr. Johnson last fall, seen the uncompleted wall on the other side of the property, and has previously encouraged Mr. Johnson to talk to the City forester and communicate with the Planning Department. Mayor Hamann-Roland stated she, Councilmember Erickson, and Mr. Nordquist had been out there during a really bad storm when the water was running. She stated it would be the best solution if Mr. Johnson and his neighbor could work something out. She stated she sees no reason Mr. Johnson could not place the wall in the easement. Ms. Judy Abrams, 13597 Harwell Path, addressed the Council. She stated in the summer of 2006, Mr. Johnson trespassed on her property without her permission to build a retaining wall. She said he cut back her trees more than he needed. Ms. Abrams is concerned about a few inches of the north end of the wall that she believes is on her property. Mayor Hamann-Roland asked Ms. Abrams if she feels the form or the wall is on her property. Ms. Abrams stated the form is but not where the concrete will be. Councilmember Bergman asked Ms. Dykes if the portion of the property Ms. Abrams is speaking of is indeed Ms. Abrams. Ms. Dykes suggested consulting legal counsel on this because the issue of the property line is between two neighbors. Mr. Dougherty said we cannot tell by looking at pictures if the form is on the neighbor's property without having somebody survey the property. He stated, if the form is on neighboring property, the applicant should have had permission from the neighbor to go forward, but that is not a City Council issue since it is private property. Ms. Abrams showed concern from a picture of a form that had tree roots inside. She stated as the root potentially decays it can create a pocket for moisture which could freeze and cause deterioration or cracking of the wall. She has concern that as the backfill begins to freeze the wall could move in the direction of her property. She feels if the requested vacation of the easement is approved, it will be a detriment to her and an advantage to her neighbor. She feels he has a choice of moving the retaining wall in five feet and she feels she has no choice. CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 7 Councilmember Bergman stated that Ms. Abrams has a unique piece of property and hopes she can come to some type of agreement with Mr. Johnson. Mayor Hamann-Roland offered to spend time with Ms. Abrams to discuss the issue. Councilmember Goodwin stated he would be calling Ms. Abrams as well to discuss the situation as she requested. The Mayor asked if there were any more questions or comments. There were none and the hearing was closed at 8:41 p.m. She stated the Council would not take any action on this item until they have a chance to speak with Ms. Abrams. OTHER STAFF ITEMS Mr. Lawell stated the Home and Garden Expo 2008 is scheduled for April 5, from 9:00 a.m. to 3:00 p.m. at the Dakota County Western Service Center. The City will have representatives from Natural Resources, Code Enforcement, and Public Works. Community Development will also be present to provide information on the Comprehensive Plan 2030. He invited the public to attend. COUNCIL COMMUNICATIONS Mayor Hamann-Roland presented the new City News brochure - Healthy Parks Healthy People and commended the Parks and Recreation Department on producing a very informative and attractive brochure. She stated the upcoming meetings for the City's Comprehensive Plan are listed in City News brochure and staff will be eager to hear public feedback. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated March 10, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. Council discussed the time frame of accepting applications for the filling the position of the vacant seat on the Council. They will try to have the position filled by the April 10th meeting. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated March 5, 2008, in the amount of $7,984,325.56; and March 12, 2008, in the amount of $5,806,843.18. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 13, 2008 Page 8 The meeting was adjourned at 8:52 o’clock p.m.