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HomeMy WebLinkAbout02/28/2002 ITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 28th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayo r 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 Gordon, Finance Director Ballenger, Assistant Planner Milton Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, 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 Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of February 14th, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving 2002-2003 renewal of property, liability, and workers compensation insurance coverage with the League of Minnesota Cities Insurance Trust, at a premium of $547,863.00, as listed in the Finance Director’s memo dated February 22, 2002. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2002 Page 2 MOTION: of Sterling, seconded by Grendahl, approving renewal for 2002-2003 of a Tobacco Sales License for Oasis Market, 14050 Pilot Knob Road, as listed in the City Clerk’s memo dated February 25, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling , seconded by Grendahl, receiving the Fire Department’s 2001 Annual Report. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving ALF Ambulance’s 2001 Annual Report. Ayes - 5 - Nays - 0. Resolution No. 2002-25 MOTION: of Sterling, seconded by Grendahl, ad opting authorizing the Dakota County Community Development Agency to create a tax increment financing district and plan to assist construction of affordable rental apartment housing on Lot 1, Block 1, Regatta Commons. Ayes - 5 - Nays - 0. Resolution No. 2002-26 MOTION: of Sterling, seconded by Grendahl, adopting authorizing distribution of the Environmental Assessment Worksheet for the project known as “Legacy of Apple Valley Mixed-Use Development”, located at the southeast corner of 153rd Street and Galaxie Avenue, and publishing notice of its availability in the Environmental Quality Board’s Monitor. Ayes - 5 - Nays - 0. Resolution No. 2002-27 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Fischer Market Place 7th Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-28 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 01-169, Water Treatment Plant Clearwell Expansion, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 28, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Friedges Contracting, Inc., for Project 99-106, Seasons on the Park Utility and Street Improvements, in the amount of an additional $11,346.72. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 3 to the contract with North Central Ambulance Sales & Services, Inc., for the Refurbishing Unit 4987, 1991 Fire Pumper Truck, in the amount of an additional $2,211.41. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Budget Sandblasting and Painting, Inc., for Painting New Steel Fence Sections, in an amount not to exceed $25,500.00, as attached to the Public Works Supervisor’s CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2002 Page 3 memo dated February 25, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Building Inspection Service Agreement with Inspectron, Inc., for 2002 services, as attached to the Public Works Director’s memo dated February 28, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated February 28, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA EXPLORER SCHOLARSHIP AWARD Police Captain Anglin commented on the Explorer Post program that the Police Department has had for a number of years. Police Officer Holle presented a $300.00 scholarship award to Police Explorer J. P. Wareham. The scholarship was available through donations made to the Minnesota Explorer Association who then distributed it to posts that have placed in competitions. J. P. has been in the program since 1996 and is now a Captain. He is in his third year of the law enforcement program at Metropolitan State University. The Council congratulated him on receiving the award. SUMMERFIELD EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., to consider vacating part of a drainage and utility easement on Lot 2, Block 1, Summerfield (13848 Duluth Drive), and noted receipt of the affidavit of publication of the hearing notice. Ms. Milton Dykes reviewed her memo, dated February 22, 2002, describing the proposed vacation of five feet of a ten-foot wide easement along the southeast property line of the lot. There are no utilities in the easement and a five-foot easement will be retained. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:10 p.m. Resolution No. 2002-29 MOTION: of Erickson, seconded by Sterling, adopting completing vacation of five feet of a ten-foot drainage and utility easement on Lot 2, Block 1, Summerfield (13848 Duluth Drive) and authorizing recording the necessary documents. Ayes - 5 - Nays - 0. GRAVEL MINING EAST OF PILOT KNOB ROAD Mr. Lovelace reviewed his memo dated February 25, 2002; describing Aggregate Industries gravel mining request on property east of Pilot Knob Road and north of Dodd Boulevard. A CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2002 Page 4 Comprehensive Plan amendment extending a Temporary Sand and Gravel Overlay to the 25-acre Broback property is requested. Following that action, the property is requested to be rezoned from Institutional to Sand and Gravel. An amendment to the existing conditional use permit is requested to add both the 25-acre site and a 41.5-acre site directly north of Dodd Boulevard to the permit. As part of the mining operation, Dodd Boulevard will eventually be removed and relocated north along the half section line of Section 36. This request will be forthcoming at the Council’s March meeting. Pilot Knob Road will also be closed in 2003 or 2004 to lower the roadbed for reconstruction. Mr. Lovelace reviewed operations on the surrounding property and proposed grading and reclamation plans when excavation is completed. Resolution No. 2002-30 MOTION: of Goodwin, seconded by Sterling, adopting approving an amendment to the Comprehensive Plan, for Aggregate Industries, extending the designation of “SG”, Sand and Gravel Overlay, to the 25-acre Broback site, in the Southwest Quarter of the Northwest Quarter of Section 36, as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Councilmember Erickson asked what the time frame is expected to be for mining on the two sites? Robert Bieraugel, of Aggregate Industries, was present and said the expect to complete mining on the two parcels by 2005. Ordinance No. 709 MOTION: of Erickson, seconded by Grendahl, passing rezoning the 25- acre Broback site, in the Southwest Quarter of the Northwest Quarter of Section 36, from “P” (Institutional) to “SG” (Sand and Gravel), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-31 MOTION: of Goodwin, seconded by Sterling, adopting amending the Conditional Use Permit for Aggregate Industries sand and gravel mining and processing by including a 25-acre parcel and 41.5-acre parcel, both located north of Dodd Boulevard and east of Pilot Knob Road, in the permit with conditions as recommended by the Planning Commission; subject to revisions approved by the City Attorney and execution of the documents by Aggregate Industries and Tradition Ventures. Ayes - 5 - Nays - 0. ANNUAL EXCAVATION PERMITS Mr. Kelley reviewed his memo dated February 23, 2002, describing 2002 annual excavation permits for commercial sand and gravel mining operations. One permit is for Aggregate Industries and two permits are for Fischer Sand & Aggregate. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2002 Page 5 MOTION: of Erickson, seconded by Goodwin, app roving a 2002 Commercial Extraction Permit for Aggregate Industries, including the area north of Dodd Boulevard, including extended operating hours of 6:00 a.m. to 9:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. Saturday, as described in the Community Development Director’s memo dated February 23, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a 2002 Commercial Extraction Permit for Fischer Sand & Aggregate in the central mining area, subject to no operations on the former McNamara property until a conditional use permit is issued, as described in the Community Development Director’s memo dated February 23, 2002. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving a 2002 Commercial Extract ion Permit for Fischer Sand & Aggregate in the former Barton/Seed mining area, as described in the Community Development Director’s memo dated February 23, 2002. Ayes - 5 - Nays - 0. COMMISSION/COMMITTEE TERMS EXPIRING MARCH 1, 2002 Mr. Lawell reviewed the memo dated February 25, 2002, describing terms expiring March 1, 2002 on the Cemetery Advisory Committee, Planning Commission, and Traffic Safety Advisory Committee. He noted that all members have expressed interest in serving additional terms. If the Council desires to reappoint the current members, it can waive its appointment procedure and take action. The Mayor asked for any additional nominations. There were none. MOTION: of Sterling, seconded by Erickson, waiving the procedure established by Resolution No. 1997-165 and reappointing Wilton Anderson, Gary Humphrey, and John Raiche to the Cemetery Advisory Committee for terms expiring March 1, Resolution No. 2002-32 2005; adopting reappointing Jeannine Churchill, James Hadley, and David Schindler to the Planning Commission for terms expiring March 1, 2005; and reappointing Harald Ericksen and Arthur Zimmerman to the Traffic Safety Advisory Committee for terms expiring March 1, 2004. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Mayor Hamann-Roland invited interested residents and business people to take part in the Citizen’s Police Academy beginning March 14, 2002. It is a seven-week course running through April 25, 2002, and there is no charge for the program. Councilmember Grendahl said she had conversation with the City Attorney about statements made in discussions at the Council’s informal meeting. She asked the City Attorney to provide a written opinion concerning elected officials immunity from abusive/harassing behavior. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2002 Page 6 The Council received a memo dated February 25, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check registers dated February 20, 2002, in the amount of $391,634.68; and February 28, 2002, in the amount of $6,459,084.83. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT MATTER Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 471.705, to discuss the status of Palomino East Apartment/Watrud litigation. MOTION: of Grendahl, seconded by Sterling, to close the regular meeting and convene in closed session to discuss Palomino East Apartment/Watrud litigation with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 8:32 p.m. and the Council convened in the Regent Conference Room, at 8:40 p.m., along with City Attorney Dougherty, League of Minnesota Cities Insurance Trust Attorneys George Hoff and Sue Sager, City Administrator Lawell, City Clerk Mueller, and Community Development Director Kelley. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 9:16 p.m. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:17 o’clock p.m.