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HomeMy WebLinkAbout05/08/2003CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 8th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Rol and; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Lohse, 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 Grendahl, seconded by Bergman, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE - CONCEAL & CARRY GUN LEGISLATION Mayor Hamann - Roland asked if anyone was present to address th e Council, at this time, on any item not on this meeting’s agenda. Russell Defauw, 13030 Florida Court, and member of the Parks and Recreation Advisory Committee; asked the Council for guidance on addressing issues that may arise from “Conceal and Carry G un Legislation”. If legally concealed guns cannot be kept out of parks and City athletic facilities, he asked whether signage could be developed advising the public of the possibility that there may be guns at functions in the parks? The Committee will b e discussing the issue at its next meeting on May 20, 2003. Jerry Quam, 13420 Pennock Avenue, of Valley Athletic Association, and representatives of Eastview Athletic Association were also present and expressed concern about aggressive behavior at sportin g events that may get out of hand. The Council noted there is still activity to try and have something done with the legislation to allow cities the ability to limit locations where guns are permitted. They asked the City Attorney to review the matter of signage. CONSENT AGENDA MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 2 CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular m eeting of April 24th, 2003, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, proclaiming May 11 to 17, 2003, as “Police Week” and May 15, 2003, as “Peace Officers’ Memorial Day” commemorating peace officers’ service and sacrific e to their communities. Ayes - 5 - Nays - 0. Resolution No. 2003 - 83 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1988 Toyota Corolla, valued at $830.00, from Therese Mervar and George Savanick, 189 Redwood Drive; for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2003 - 84 MOTION: of Grendahl, seconded by Goodwin, adopting accepting transfer of a Raytheon Infrared Nightsite Palmir 250 Digital Camera thermal imaging device from th e Office of National Drug Control Policy, Counterdrug Technology Assessment Center, for use by the Police Department. Ayes - 5 - Nays - 0. Resolution No. 2003 - 85 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation $250 .00 from Bonestroo, Rosene, Anderlik & Associates, Inc., for use toward sponsorship of Parks and Recreation Programs. Ayes - 5 - Nays - 0. Resolution No. 2003 - 86 MOTION: of Grendahl, seconded by Goodwin, adopting declaring Lanier dictation equipment of n o further value to the City and authorizing its transfer to the City of West St. Paul for use by its Police Department. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Cobblest one Lake 2nd Addition, from $60,550.00 to $35,250.00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 87 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Project 03 - 223, Nordic Water Reservoir Painting, and authorizing advertising for receipt of bids, at 11:00 a.m., on June 17, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 88 MOTION: of Grendahl, seconded by Goodwin, adopting directing preparation of plans and specifications for Project 03 - 226, 140th Street and Galaxie Avenue Tr affic Signal Revisions, by the consulting engineering firm of Short Elliot Hendrickson, Inc. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 3 MOTION: of Grendahl, seconded by Goodwin, approving a Consultant Engineer Agreement with Short Elliot Hendrickson, Inc., for services relate d to Project 03 - 226, 140th Street and Galaxie Avenue Traffic Signal Revisions, as attached to the Public Works Director’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconde d by Goodwin, approving an Agreement for phase four Sign Inventory services with Short Elliot Hendrickson, Inc., for signs in the southeast quadrant of the City, as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Metal Fence Fabrication services with Dakota Fence of Minnesota, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Painting New Steel Fence Sections with Budget Sandblasting & Painting, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Reconditioning Fence Post Supports with Budget Sandbla sting & Painting, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Concrete Rai sing and Leveling Services with North Star Mudjacking, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, ap proving an Agreement for Colored and Stamped Concrete Removal and Replacement Services with Minnesota State Curb - Gutter Division, AVR, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to si gn the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Decorative Concrete Sealing Services with Budget Sandblasting & Painting, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, an d authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 4 MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Concrete Removal and Replacement Services with Minnesota State Curb - Gutter Division, AVR, Inc., as attached to the Public Works Supervisor’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Fireworks Display Agreement with RES Specialty Pyrotechnics, I nc., to provide a fireworks display on July 4, 2003, at a total cost of $16,300.00, as attached to the City Clerk’s memo dated May 5, 2003; subject to receipt of a fireworks permit and certificate of insurance, and authorizing the Mayor and City Clerk to s ign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 89 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Group Long Term Care Insurance and authorizing advertising for receipt of sealed proposals by CBIZ Benefits and Insu rance Services, Inc., at 3:00 p.m., on June 9, 2003. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Labor Agreement with Law Enforcement Labor Services, Inc., Local No. 71, Police Officers, for the year 2003, as attached to th e Human Resources Manager’s memo dated May 5, 2003, and authorizing execution of the documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report and Addendum both dat ed May 8, 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA VOLUNTEER RECOGNITION Mayor Hamann - Roland introduced Shelley Madore who was appointed to the Urban Affairs Committee on March 25, 1993, and has earned a length of service award. She presented a marble apple clock, for ten years of service, to Ms. Madore and the Council congratulated her. The Council expressed appreciation to all commission and committee members and other City volunteers for their contributions. MOTION: of Erickson, seconded b y Bergman, recognizing Shelley Madore for ten years of service on the Urban Affairs Committee in response to the Governor'’ proclamation of “Volunteer Recognition Week”, April 27 through May 3, 2003. Ayes - 5 - Nays - 0. POPPY DAYS PROCLAMATION CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 5 Rose Nef f and Marlene Heinzen, of the American Legion Auxiliary Poppy Committee, were present. Ms. Neff read a proclamation, proclaiming May 9 and 10, 2003, 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 Grendahl, seconded by Goodwin, proclaiming May as “Poppy Month” and May 9 - 10, 2003, as “Poppy Days” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 - N ays - 0. MEMORIAL DAY PROCLAMATION Lloyd Cybart and Vern Yetzer, of American Legion Post 1776 were present. Mr. Cybart read a proclamation for “Memorial Day” on May 26, 2003. He invited everyone to breakfast, at 9:00 a.m., at the Legion Post, and to at tend the Legion’s memorial ceremony at Apple Grove Park, near Fire Station No. 1, at 11:00 a.m. MOTION: of Erickson, seconded by Goodwin, acknowledging the Federal Proclamation of May 26, 2003, as “Memorial Day” and asking citizens to remember those who w ere casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. GALLES ADDITION PLAT & IMPROVEMENTS Mr. Lovelace reviewed his memo dated May 5, 2003, describing actions requested for final plat approval of Ga lles Addition located north of Palomino Drive between Cimarron Road and Pennock Avenue. The plat consists of six lots for single family development and is a replat of Outlots 7, 9, and 10, Palomino Hills. A public hearing was held on July 10, 1997, to co nsider vacating storm water easements over the property. Easements are being provided on this plat and the plat of Palomino East provided a connection to the ponding area on that site. Thus, vacation of the easements can be completed at this time. Mr. G ordon reviewed utility and street improvements required for the plat. One cul de sac will be installed for access by the six lots to Cimarron Road. Storm sewer will be installed from the cul de sac to a pond on the property with an outlet connecting to t he pond on the Palomino East property. A drainage permit for connection of the Palomino East pond to Mn/DOT’s Cedar Avenue storm sewer system has been obtained. The permit requires that a six - inch orifice be installed in the outlet from a pond lying sout h of the intersection of Cimarron Road and Pennock Avenue and that will be included in the project. The permit has a provision that if the City adds additional drainage area to the system, it will be responsible for expanding the Cedar Avenue pipes. Ther e is no intention to increase the area and all potential area was included in the calculations for the permit. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 6 Mr. Gordon reviewed his memo dated May 5, 2003, describing drainage easements needed for areas outside of these plats. Water has been draining into four existing wetlands for which easements were never obtained when the older subdivisions were platted. There are about 10 to 12 property owners that will be involved. A surveyor will need to prepare easements to define the 100 - year flood elevation s. After this is done, an appraiser will be needed to determine the cost. Property owners will be contacted and notified when the surveying work will be done. Councilmember Grendahl asked how language on the Mn/DOT permit relating to diverting drainage and obtaining written approval for discharge applies? Mr. Dougherty said this appears to apply to private landowners doing work. The City’s public water is already being deposited on other people’s property. The City has an obligation to acquire easemen ts for the drainage. If an owner is not willing to give or settle on an easement, the question of whether to use eminent domain would have to be addressed. Councilmember Bergman asked how much the six - inch restriction required by Mn/DOT on the pond north of Palomino East will cost and who will pay for it? Mr. Gordon said it will cost $3,000 to $4,000 and will be paid from the trunk storm sewer fund. The Mayor said a letter, dated May 8, 2003, from Joseph Taylor, 385 Cimarron Road, was submitted to her a t the beginning of the meeting. It states he has not agreed to accept stormwater drainage from this project onto his property. Mr. Dougherty said the area needed for an easement on his property is for bounce during a storm. If water never goes onto his property, it would not be a problem. If water rises onto his property, he could potentially assert trespass by the City. The City will attempt to get easements for a 100 - year rainfall event. If rainfall exceeds a 100 - year storm, the City would not be li able. Councilmember Bergman said he toured the Stone property, at 315 Cimarron Road, and they are concerned about the approximately 30 oak trees that could be affected by increasing or decreasing the ponding area east of their lot. He had a memo from the Natural Resources Coordinator stating these are the type of trees that like wetter conditions. Ann Stone was present and said they want to keep the oak trees as a buffer and don’t want conditions to change that will affect the trees. Mr. Gordon said the outlet to the pond will be installed at an elevation that allows it to retain water. They will need to go on - site and arrive at a consensus as to what that elevation will be. Councilmember Erickson asked for clarification of Mr. Taylor’s May 8, 2003, le tter questioning the validity of special assessments resulting from Project 98 - 334 since the hearing was held more than six months ago. Mr. Dougherty said the developers of both Palomino East and Galles Addition have signed agreements waiving their rights to contest the assessments so that is not an issue. James Agan, 403 Cimarron Road, said the pond south of Cimarron Road is on his property and he is opposed to raising its water level. He will not give the City an easement that would make his adjoining lot unbuildable. His neighbor on the north, John Podojil, 400 Cimarron Road, has been in CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 7 contact with the City about problems with the pond on that side of Cimarron. If these ponds are not connected, the north pond will flood if further development occur s in Grandview. Mr. Gordon said these properties are on the list to acquire easements. The pond north of Cimarron has never flooded and it is not proposed to make a connection between the two ponds at this time, but it has been allowed for in the calcula tions. City Staff has been in contact with Mr. Podojil about cleaning out some trees and vegetation from the pond on his property. Joseph Taylor said one of the conditions of Galles Addition preliminary plat approval was to acquire replacement easements at no cost to the City and that does not appear to have been done. He would be willing to give an easement for natural drainage affecting his property, but not for drainage from the Galles development. He referred to a letter dated September 14, 1993, fr om James Sheldon concerning easements on the property indicating the Council is under no obligation to vacate the easements. It further stated the easements were given in exchange for abatement of assessments on the property. Mr. Dougherty said the lette r was written before the preliminary plat was approved. It appears the property did not have to pay assessments while the easements were in place. Now that the property is developing, it will be paying assessments. Councilmember Bergman asked if it is p ossible to construct the storm sewer system so that drainage does not touch Mr. Taylor’s property? Mr. Gordon said yes, but it would be very difficult. Preliminary estimates indicate about 100 square feet of the lot would be needed for an easement. Huel Scherer, 100 Cimarron Road, commented on the Mn/DOT drainage permit and said it should be treated as a settlement agreement to avoid placing any more storm water into the system. If the City violates the terms, it would have the potential to pay for expa nding the Cedar Avenue system. Additionally, if the City permits development and allows water to flow onto someone else’s property that is inverse condemnation. The City should get written permission for discharging water on other property before vacatin g any easements. Mr. Gordon said the model reviewed by Mn/DOT assumed full development and only if the drainage area increased by some other means of diverting water would it be outside the terms of the permit. He will ask for clarification of these term s in writing from Mary Lacho of Mn/DOT. Mr. Dougherty said even without the Mn/DOT permit, the City would be asking to acquire drainage easements in the Palomino Hills area. The permit only affects the Galles development, but the City needs drainage ease ments for its storm water system. Resolution No. 2003 - 90 MOTION: of Erickson, seconded by Goodwin, adopting completing vacation of drainage and utility easements provided by Documents Number 59170 and 67371 over Outlots 7, 9, and 10, Palomino Hills, and a uthorizing the City Clerk to record the necessary documents. Ayes - 3 - Nays - 2 (Bergman and Grendahl). CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 8 Resolution No. 2003 - 91 MOTION: of Goodwin, seconded by Erickson, adopting approving the final plat and Development Agreement for Galles Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 1 (Grendahl). Resolution No. 2003 - 92 MOTION: of Erickson, seconded by Goodwin, adopting ordering Project 98 - 334, Galles Addition and Palomino East Apartment Utility and Street Impro vements. Ayes - 4 - Nays - 1 (Grendahl). Resolution No. 2003 - 93 MOTION: of Goodwin, seconded by Erickson, adopting approving plans and specifications for Project 98 - 334, Galles Addition and Palomino East Apartment Utility and Street Improvements, and aut horizing advertising for receipt of bids, at 2:00 p.m., on June 5, 2003. Ayes - 4 - Nays - 1 (Grendahl). MOTION: of Goodwin, seconded by Erickson, directing City Staff to proceed with survey and negotiations for acquisition of drainage easements for exis ting ponding areas in the Galles Addition and Palomino East Apartment area as described in the City Engineer’s memo dated May 5, 2003. Ayes - 4 - Nays - 1 (Grendahl). AGREEMENT FOR JOINT RECYCLING SERVICES MOTION: of Goodwin, seconded by Bergman, approv ing an Agreement to Provide Recycling Services with the Cities of Burnsville and Eagan; services for the three cities will be performed by employees of the City of Burnsville; as attached to the Assistant to the City Administrator’s memo dated May 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. FISCHER SAND & AGGREGATE OPERATING HOURS Mr. Lawell reviewed the request of Fischer Sand & Aggregate to allow truck hauling operations during the period 9:00 p.m. through 5 :00 a.m. Material will be supplied for Highway 494 improvements and Mn/DOT will not allow closing any traffic lanes before 9:00 p.m. He noted the Council discussed the request at its informal meeting tonight and recommended conditions tied to the approva l. John Ericson, of Fischer Sand & Aggregate, was present and said he would review the conditions with subcontractors operating from his location prior to their starting hauling. Resolution No. 2003 - 94 MOTION: of Bergman, seconded by Goodwin, adopting am ending the annual excavating permit for Fischer Sand & Aggregate, LLP, for its operations in Sections 34 and 35, by allowing extended operating hours between 9:00 p.m. and 5:00 a.m., Monday through Friday, from May 9 through October 1, 2003; in the main pi t area with access at the intersection Johnny Cake Ridge Road and County Road 42 subject to listed conditions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2003 Page 9 COMMUNICATIONS & CALENDAR The Council received a memo dated May 5, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated May 1, 2003, in the amount of $7,430,631.39; and May 8, 2003, in the amount of $4,224,505.98. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Gr endahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:13 o’clock p.m.