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HomeMy WebLinkAbout04/25/2002CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 25th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hama nn-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 to the Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, 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 Sterling, 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 Grendahl, approving all items on the consent agenda wi th no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of April 11th, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, procla iming April 26, 2002, as “Arbor Day” and May 2002, as “Arbor Month”, and urging citizens to participate in tree planting programs. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving notice that Apple Valley has again received the designation of “2001 Tree City USA” for its ongoing community forestry program. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Page 2 Resolution No. 2002-64 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1984 Chrysler automobile, valued at $1,265.00, from George Savanick and Therese Mervar for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2002-65 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $150.00 from Dakota Electric Association toward Police Explorer Post #571 national conference expenses. Ayes - 5 - Nays - 0. Resolution No. 2002-66 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $155.00 from the Southern Dakota County Labor Council toward the purchase of a tree to be planted in Lebanon Cemetery. Ayes - 5 - Nays - 0. Resolution No. 2002-67 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $600.00 from Apple Valley American Legion Post 1776 toward sponsorship of softball athletic league activities. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, setting a public auction and sale to dispose of unclaimed bicycles and surplus City property, on May 16, 2002, beginning at 5:30 p.m., at Central Maintenance Facility, as described in the City Clerk’s memo dated April 22, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-68 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing on 2002 Special Assessment Rolls No. 499, 501 through 505, 507, and 508, public improvements in the amount of $4,260,306.00, at 8:00 p.m., on May 23, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-69 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing on 2002 Special Assessment Roll No. 506, delinquent utility charges in the amount of $60,446.26, at 8:00 p.m., on May 23, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-70 MOTION: of Sterling, seconded by Grendahl, adopting accepting certified site work improvement costs for NWA Federal Credit Union, in the amount of $2,969,009.00, to be recorded on the Taxable Tax Increment Revenue Note for reimbursement. Ayes - 5 - Nays - 0. Resolution No. 2002-71 MOTION: of Sterling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a construction of a 46-foot by 40-foot maintenance building on Outlot A, Cedar Knolls (12571 Garland Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Page 3 Resolution No. 2002-72 MOTION: of Sterling, seconded by Grendahl, adopting extending the review period, established by Resolution No. 2002-26, on the Environmental Assessment Worksheet for the Legacy of Apple Valley project by 30 days, or until June 3, 2002, to compile necessary information for a decision on the need for an Environmental Impact Statement. Ayes - 5 - Nays - 0. Resolution No. 2002-73 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Whispering Pines (formerly known as Shackelford Addition) and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-74 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 99-117, Whispering Pines (Shackelford Addition) Utility and Street Improvements, to Friedges Contracting, Inc., the low bidder, in the amount of $138,422.55; originally bid with Project 99-106, Seasons on the Park. Ayes - 5 - Nays - 0. Resolution No. 2002-75 MOTION: of Sterl ing, seconded by Grendahl, adopting awarding the contract for Project 98-418, Galaxie Avenue Widening North of 140th Street, to McNamara Contracting, Inc., the low bidder, in the amount of $1,069,486.86, including installation of a median island at the Greenleaf School south parking lot entrance. Ayes - 5 - Nays - 0. Resolution No. 2002-76 MOTION: of Sterling, seconded by Grendahl, adopting requesting the Minnesota Commissioner of Transportation to have speed limit studies conducted on Foliage Avenue and on Flagstaff Avenue between County Roads 42 and 46. Ayes - 5 - Nays - 0. Resolution No. 2002-77 MOTION: of Sterling, seconded by Grendahl, adopting requesting the Minnesota Commissioner of Transportation to have a speed limit study conducted on 145th Street between Cedar Avenue and Hayes Road. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl approving hiring Jeffrey Sluiter for the full-time position of Parks Department Maintenance Worker I, as listed in the Personnel Report dated April 25, 2002. 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 April 25, 2002. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Page 4 MOTION: of Sterling, secon ded by Grendahl, approving hiring Keith Wassmund for the full- time position of Fire Chief, effective May 13, 2002, as listed in the Personnel Report Addendum dated April 25, 2002. 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, Scott Hugstad-Vaa, who was appointed April 9, 1992, to the Telecommunications Advisory Committee, has earned a length of service award. Mr. Hugstad-Vaa was not able to be present for the meeting. Councilmember Erickson read a proclamation for the week of April 21 through 27, 2002, as “Volunteer Recognition Week”. The Council expressed appreciation to all commission and committee members and other City volunteers. The Mayor acknowledged Wilton Anderson, John Raiche, Gary Wagner, and Tina Rankin who were present. ROTARY CLUB GO-KART GRAND PRIX EVENT Scott Ramsdale, of the Apple Valley Rotary Club, described the Club’s request to use City streets for a fund-raiser as detailed in his letter dated April 22, 2002. The event is a supervised go-kart race on September 7, 2002, to raise funds for educational scholarships. They have talked with businesses adjacent to the streets proposed to be closed for their concurrence. A professional vendor will supervise the event ensuring safety measures are taken and insurance will be provided. The event will begin at 8:30 a.m. and continue until 4:30 p.m. with an awards ceremony. There will be associated banner displays and sales of race memorabilia and refreshments for which they are also requesting approval. MOTION: of Erickson, seconded by Grendahl, authorizing closing portions of Flagstaff Avenue, Foliage Avenue, and 147th Street on September 7, 2002, to allow the Rotary Club to conduct its Go-Kart Grand Prix Event, subject to conditions described in the Community Development Director’s memo dated April 22, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwi n, declaring the Go-Kart Grand Prix Event on September 7, 2002, to be a community event and allowing promotional banners, pursuant to City Code Section 154.03(E)(1), as described in the Community Development Director’s memo dated April 22, 2002. Ayes - 5 - Nays - 0. AMEND ELECTION PRECINCT BOUNDARIES Ms. Mueller reviewed her memo dated April 22, 2002, recommending changes in the City’s election precinct boundaries. Following legislative and congressional redistricting after each CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Page 5 decennial census, cities are required to redistrict or reestablish their election precinct boundaries. Apple Valley will now be in the Federal 2nd Congressional District and State Legislative District 37. The City is further divided between House Districts 37A and 37B. She reviewed maps that showed changes proposed for the precincts. No changes are proposed for Precincts 1, 2, or 3. Adjustments are recommended to the other precincts due to population growth. In addition to adjustments, establishment of a 15th precinct is recommended. The new precinct would take population from Precincts 4, 5, and 6 and use Hope Church, 14484 Glazier Avenue as its polling place. The changes still leave Precincts 5, 7, 8, and 15 with polling places located outside of, but within 3,000 feet of, their boundaries as allowed by State law. Resolution No. 2002-78 MOTION: of Goodwin, seconded by Sterling, adopting setting revised boundaries and establishing 15 election precincts and polling places in the City, designating Hope Church as the polling place for Precinct 15, and authorizing the City Clerk to file copies of the map and precinct descriptions with the Dakota County Treasurer-Auditor, Secretary of State and the School Districts. Ayes - 5 - Nays - 0. ORDINANCE AMENDING RESTAURANT MENU BOARD SIGNAGE Mr. Lovelace gave the second reading of an ordinance amending City Code Sections 154.03(F) and 154.04(J) regulating restaurant menu board signs as attached to his memo dated April 22, 2002. It would increase the size allowed from 32 square feet to 50 square feet and require a permit for installation. Order confirmation signage of up to one square-foot is not counted in the 50 square foot limit if it is incorporated into the drive through speaker pedestal. He noted that the Planning Commission’s recommendation on the ordinance included addressing sign regulation enforcement. Periodic inspections of drive through window operations will be made to ensure ongoing compliance. Councilmember Sterling asked whether the issue of Arby’s Restaurant sign has been addressed? Mr. Lovelace said the sign was measured and is less than 50 square feet rather than 53 square feet as the owners thought. Other signs have “wings” attached to the main sign that can be removed to bring their signs into compliance and the restaurant operators have agree to do so. Ordinance No. 711 MOTION: of Erickson, seconded by Goodwin, passing amending Chapter 154 of the City Code by deleting Section 154.03(F) and adding Section 154.04(J) requiring permits for restaurant drive through menu board signs, limiting the size to 50 square feet enclosed within one sign area, and allowing order confirmation signs up to one square foot in size incorporated into the drive through speaker pedestal. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Page 6 ORDINANCE AMENDING NATURAL RESOURCES MANAGEMENT REGULATIONS Mr. Heuer gave the second reading of an ordinance amending Chapter 152 of the City Code regarding Natural Resources Management Regulations as attached to his memo dated April 25, 2002. Among the changes in definitions are expanding the critical root zone of a tree and reducing the size of a significant tree from 10 inches to eight inches in diameter. It requires compliance with any applicable governmental entity’s watershed management plan in addition to the City’s storm water management plan. This is included to help meet the requirements of the Vermillion River Storm Water Memorandum of Understanding recently approved. Ordinance No. 712 MOTION: of Goodwin, seconded by Sterling, passing amending Chapter 152 of the City Code regarding Natural Resources Management Regulations by expanding on definitions of critical root zone of a tree and significant tree; adding provisions to help protect and preserve natural resources including storm water management; and make other grammatical and clarification changes in language. Ayes - 5 - Nays - 0. ECONOMIC GROWTH PARTNERSHIP COMMITTEE APPOINTMENTS Mr. Lawell reviewed the memo dated April 25, 2002, advising that the terms of two positions on the Economic Growth Partnership Committee expired February 10, 2002. These are three-year terms held by Councilmember Erickson and Karen Edgeton. MOTION: of Sterling, seconded by Grendahl, reappointing Councilmember Erickson and Karen Edgeton to the Economic Growth Partnership Committee for terms expiring February 10, 2005. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Erickson asked about the status of Tri-State Machinery’s operation at 145th and Flagstaff. Mr. Dougherty said the necessary paperwork is being prepared to pursue Court action to bring operations on the property into compliance. Ms. Hills and Mr. Hammerstad have been working on the matter. Mayor Hamann-Roland said Dakota Electric Association is donating a tree for the Municipal Center that will be planted, at 6:00 p.m., on May 9, 2002. She thanked the Southern Dakota County Labor Council for donating a tree for Lebanon Cemetery that will be planted on April 28, 2002. This organization also said it intends to donate a tree for the cemetery each year for the next ten years. Police Chief Johnson encouraged students to participate in bike rodeos being conducted by the Police Department, from 9:00 to 11:00 a.m., on May 4th at Falcon Ridge Middle School, May 11th at Scott Highlands Middle School, and May 18th at Valley Middle School. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 2002 Page 7 The Council received a memo dated April 22, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated April 17, 2002, in the amount of $4,324,342.72; and April 25, 2002, in the amount of $4,160,514.06. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:00 o’clock p.m.