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HomeMy WebLinkAbout03/22/2001CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 22nd, 2001, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor 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, Assistant Planner Bodmer, Public Works Director Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Assistant Planner Milton, Administrative Assistant Pederson, and Fire ChiefWassmund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by the members of Webelos Pack No. 205. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, 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 Grendahl, seconded by Sterling, adding approval of a Gambling Exempt Permit for Southview Elementary PTO to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of March 8th, 2001, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-47 accepting, with thanks, the donation of $2,500.00 from Wirsbo Company for use by the Fire Department towards purchase of an LCD projector. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving the Cable and Telecommunications Advisory Committee's 2000 Annual Report. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2001 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Grendahl, seconded by Sterling, approving reduction of the subdivision financial guarantee for Timber Ridge Townhomes, from $61,700.00 to $41,450.00. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, adopting Resolution No. 2001-48 authorizing negotiation for acquisition of right-of-way and easements at the intersection of 140th Street and Garden View Drive necessary for Project 00-146, Traffic Signal Installation, and the use of eminent domain if negotiated acquisition is unattainable. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, adopting Resolution No. 2001-49 approving plans and specifications for Project 00-134, Hidden Ponds Apartments Utility Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on April 19, 2001. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, adopting Resolution No. 2001-50 approving plans and specifications for Project 00-148 (Combined), 2001 Street Maintenance, Central Maintenance Facility Bituminous Surfacing, 140th Street Intersection Widening, Garden View Drive Traffic Calming, and Jonathan Drive Storm Sewer; and authorizing advertising for receipt of bids, at 2:00 p.m., on May 3, 2001. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, approving Change Order No. 18 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of a $1,181.00 deduction. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, approving an Agreement with Coca-Cola Bottling to provide beverage services at Park Facilities for 2001, as attached to the Park and Recreation Director's memo dated March 16, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, setting the location of the City Council's goal setting session at the Levee Cafe, 100 Sibley Street, Hastings; at 9:00 a.m., on April 21,2001. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, approving a Memorandum of Agreement with AFSCME Local 479 related to health insurance benefit reimbursement for 2001, as attached to the City Administrator's memo dated March 22, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. of Grendahl, seconded by Sterling, approving the Labor Agreement with LELS Local 71, Police Officers Union, for 2001-2002, as attached to the City CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2001 Page 3 Negotiator' s memo dated March 22, 2001, and authorizing execution of the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Marcie Padgett for the full- time position of Recreation Supervisor II as listed in the Personnel Report dated March 22, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated March 22, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-51 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Southview Elementary PTO, for an event on May 18, 2001; at Southview Elementary School, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SHACKELFORD ADDITION REZONING/PLATTING Ms. Bodmer reviewed the Planning Commission's recommendation on a rezoning and preliminary plat proposed by Bob Shackelford south of the intersection of Pilot Knob Road and Embry Way. The proposal is to combine two large lots and subdivide them into six residential lots. The proposed new lots meet the 15,000 square-foot minimum required in the shoreland overlay district. Approval is conditioned upon the portion of Embry Way abutting the property being dedicated or conveyed to the City as a public street. She reviewed the City Engineer's comments, included in the report, on the minimal impact of this development on the Farquar Lake drainage area. The Natural Resources Coordinator has reviewed the grading plan and believes up to 74 percent of the existing significant trees on the site can be saved. The new internal street will be constructed so it could be extended to serve property to the south should it develop in the future. Existing houses will remain on Lots 1 and 3, Block 1 for the time being. The lots in Block 2 will be sold first. Mayor Hamann-Roland asked if sidewalk installation is required? Ms. Bodmer said there is an eight- foot wide pathway along Pilot Knob Road and sidewalk is not included in this subdivision. Mr. Shackelford said the pathway now runs from County Road 42 to 1-494 along Pilot Knob Road. His children attend Highland Elementary School, but they have not walked to school due to traffic concerns. He talked with neighbors on the west side of Pilot Knob and they believe there is a need for a crossing. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2001 Page 4 Councilmember Erickson said different sidewalk policies have been discussed over the years and asked whether there should be an ordinance on implementation. Ms. Bodmer said there is a policy on installation of sidewalk in new subdivisions, but it is not in the form of an ordinance. Councilmember Sterling noted that if other parcels along Embry Way are subdivided, sidewalk may be needed. Mayor Hamann-Roland commended Mr. Shackelford for considering use of a rainwater garden to absorb additional runoff. She noted the Metropolitan Council may have grant funds available for the developer for its construction. MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 690 rezoning part of Lot 14 and Lots 12 and 13, Knottywoods, from R-1 to R-3 as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2001-52 approving the preliminary plat of Shackelford Addition (replat of part of Lot 14 and Lots 12 and 13, Knottywoods), with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 2001-53 ordering preparation of a preliminary engineering report for Project 99-117, Shackelford Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. EXEMPTION FROM ROAD LOAD RESTRICTIONS Mr. Heuer reviewed his memo dated March 22, 2001, concerning applications of Lampert's for special permits for exemption of its vehicles from spring load restrictions on roads. MnDOT implemented the restrictions for eight weeks beginning March 18, 2001. The restrictions reduce vehicle loads to five tons per axle on City streets. The Council can issue special permits for vehicles over the weight limit for good cause. Paul Gagner, of Lampert' s, was present and described the request as contained in his letter dated March 21, 2001. They are requesting the use of Galaxie Avenue between 145th Street and one block south of County Road 42. They have been reducing the amount of material on loads to remain under weight, but are not able to recover the additional trucking costs. Councilmember Goodwin asked what impact over-weight vehicles have on roads in the spring? Mr. Heuer said it is estimated that roads sustain five times more wear during spring thaws than during other times of the year; potentially shortening the wear life of a road by 10 percent. Mr. Gagner noted that MnDOT monitors weather conditions weekly. The Council expressed concern about setting a precedent by issuing blanket permits. It discussed the potential for considering requests in a few more weeks depending on weather conditions. Mr. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2001 Page 5 Dougherty advised the Council that such permits are not necessarily weather-related, but are for good cause for vehicles of excessive weight or size. MOTION: of Erickson, seconded by Goodwin, denying the applications of Lampert' s for special permits for exemption from statutory road load limits for vehicles of excessive weight, as attached to the Public Works Director's memo dated March 22, 2001. Ayes - 5 - Nays - 0. HABITAT FOR HUMANITY HOUSING SITE Ms. Milton reviewed her memo dated March 19, 2001, concerning the request of Twin Cities Habitat for Humanity to develop affordable housing sites in the City. A portion of a city-owned lot containing a ponding area, northwest of 160th Street and Garrett Path, could be subdivided to create two lots. MOTION: of Erickson, seconded by Grendahl, receiving the request of Twin Cities Habitat for Humanity, dated January 5, 2001, to purchase property from the City for affordable housing units. Ayes - 5 - Nays - 0. Mayor Hamann-Roland said the letter requests three lots and asked if two lots are acceptable? Ms. Milton said the two lots proposed meet the requirements of the planned development and are acceptable. There is also a storm water pipe located south of the proposed lots limiting construction. Mr. Gordon noted the proposal does not involve altering the pond itself, only removing the easement from area of the two lots to be developed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-54 setting a public hearing, at 8:00 p.m., on April 26, 2001, to consider vacating drainage and utility easements over part of Lot 2, Block 1, Apple Ponds 5th Addition. Ayes - 5 - Nays - 0. PLANNING COMMISSION VACANCY Mr. Lawell said Frank Blundetto submitted his resignation from the Planning Commission because he has moved to Eagan. There are currently two applications on file from citizens interested in the position. The Council could publicize the vacancy and make an appointment at a future meeting. MOTION: of Sterling, seconded by Erickson, accepting, with regret, the resignation of Frank R. Blundetto, Jr., from the Planning Commission for a term expiring March 1, 2002; and accepting applications for the vacancy until April 13, 2001, with the intent of making an appointment April 26, 2001. Ayes - 5 - Nays - 0. POLICE CHIEF HIRING SELECTION CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2001 Page 6 Mr. Lawell reviewed his memo dated March 22, 2001, concerning hiring the new Chief of Police. As directed March 8, 2001, an offer of employment was extended to James Coan who has accepted. His first day of employment is anticipated as April 23,2001. MOTION: of Sterling, seconded by Grendahl, approving hiring James R. Coan for the position of Police Chief as described in the City Administrator's memo dated March 22, 2001. Ayes - 5 - Nays - 0. REVISED MEETING SCHEDULE Mr. Lawell reviewed the City Clerk's memo dated March 22, 2001, concerning revising the Council's meeting schedule. The particular conflicts are for the month of May. MOTION: of Goodwin, seconded by Sterling, revising the Council's meeting schedule by setting informal and regular meetings on May 15, 2001, and a regular meeting on May 31, 2001. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated March 19, 2001, with a calendar listing upcoming events. The Mayor noted the "State of the City" address will be broadcast on Cable Channel 16 beginning March 24, 2001. She also reminded everyone that the "Celebration of Spring" will be March 24, 2001, at the Minnesota Zoo, from 6:00 to 10:00 p.m. There is no charge for admission. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated March 14, 2001, in the amount of $1,085,630.24; and March 21, 2001, in the amount of $21,715,839.95. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:14 o'clock p.m.