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HomeMy WebLinkAbout08/14/2003CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 14th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Ha mann - Roland; 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, Police Captain Anglin, Finance Director Ba llenger, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, 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 Erickson, seconded by Bergman, approving the age nda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE - BUILDING CODE ISSUES Mayor Hamann - Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Dan Ordahl, 149 Spruce Drive, sai d he was speaking to make the Council aware of a Building Code situation. He believes siding contractors are creating fire and electrocution hazards to homes by their methods of installation. Mr. Lawell said he has talked with the City’s Building Officia l about Mr. Ordahl’s concern. The issue he is raising relates to electrical permits and inspections that are handled by the State. He will research the matter further with the Building Official and discuss it with Mr. Ordahl. CONSENT AGENDA MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of July 24th, 2003, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 2 Resolution No. 2003 - 140 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $1,200.00 from Sam’s Club of Apple Valley towards training and materials for the Cardiac Emergency Partnership Automatic External Defibrillator program. Ayes - 5 - Nays - 0. Resolution No. 2003 - 141 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley Ducks Unlim ited, #185, for an event on September 17, 2003, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolutions No. 2003 - 142, No. MOTION: of Bergman, seconded by Goodwin, adopting 2003 - 143, No. 2003 - 144, No. 20 03 - 145, and No. 2003 - 146 approving issuance of a Lawful Gambling Exempt Permits, by the Minnesota Gambling Control Division, to Apple Valley American Legion Auxiliary, Unit 1776, for events on September 13 and November 15, 2003, and January 10, March 13, a nd May 8, 2004; at 14521 Granada Drive; and waiving any waiting periods for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a temporary on - sale 3.2 percent malt liquor license to Apple Valley American L egion for use on September 20, 2003, at Fire Station No. 1, 15000 Hayes Road, in connection with the Firefighters’ Relief Association Booya. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Dakota County Domestic Preparedness C ommittee Joint Powers Agreement with the Cities of Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, and West St. Paul and Dakota County; as attached to the City Administrator’s memo dated August 11, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving setback variances to allow construction of a kitchen addition to within 27 feet of the front lot line and a garage addition to within three feet of the north side lot line on Lot 17, Block 5, Greenleaf 1st Addition (6921 West 137th Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a set back variance to allow construction of an enclosed porch to within 24 feet of the rear lot line on Lot 3, Block 1, Palomino Lakeside Meadows 6th Addition Replat (13792 Holyoke Path), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 3 Resolution No. 2003 - 147 MOTION: of Bergman, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for a temporary sales building, for a period not to exceed nine months, for Lots 1 and 2, Block 1, Diamond Gates; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2003 - 148 MOTION: of Bergman, seconded by Goodwin, adopting approving an amendment to the Land Use Guide Map of the Comprehensive Plan, changing the designation from “NS” (Neighborhood Service) to “C” (Commercial) for part of Outlot C, Scott Highlands 3rd Addition (Andy’s Market) as approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 732 MOTION: of Bergman, seconded by Goodwin, passing rezoning part of Outlot C, Scott Highlands 3rd Addition (Andy’s Market) from “NCC” (Neighborhood Commercial Center) to “RB” (Retail Business) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Ag reement for Partial Release of Assessment Deferral related to Foliage Avenue for Outlot C, The Legacy of Apple Valley, as attached to the City Attorney’s memo dated August 8, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarantees for Hidden Ponds, from $25,000.00 to $2,000.00, and for Apple Valley Retail Copeland Building, from $43,875.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Bergman, seco nded by Goodwin, approving an Agreement for Engineering, Traffic Signal Revision, and Highway Construction with Dakota County for County Project No. 38 - 34, traffic signal revision and reconstruction of the intersection of County Road 38 and Pilot Knob Road , as attached to the Public Works Director’s memo dated August 14, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 149 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for P roject 03 - 226, 140th Street and Galaxie Avenue Traffic Signal Revisions, to Ridgedale Electric, Inc., the low bidder, in the amount of $49,230.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 00 - 146, 140th Street Traffi c Signals at Pennock Avenue, Hayes Road, and Garden View Drive; as final and authorizing final payment on the contract with Collins Electrical Construction Co., in the amount of $12,540.99. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 4 MOTION: of Bergman, seconded by Goodwin, ac cepting Municipal Center Parking Lot Crack Filling and Seal Coating as final and authorizing final payment on the contract with Road Surfacing Technologies, Inc., in the amount of $13,160.00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 150 MOTION: of Bergman, seconded by Goodwin, adopting prohibiting parking on both sides of 153rd Street (Dodd Road) between Easter Avenue and a point 650 feet east of Dunbar Avenue. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a contract with A - Plu s Roofing Co. for Roof Replacement on Area 5 of the City - Owned Building at 14200 Cedar Avenue, at a cost of $17,650.00, as attached to the Public Works Supervisor’s memo dated August 14, 2003, and authorizing the Mayor and City Clerk to sign the same. Aye s - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Fire Chief’s appointment of the following officers: Station 1 Captain, Michele DeForrest; Chief Engineer, Scott DeForrest; Station 1 Engineer, Paul Severson; Station 2 Engineer, Bri an Benson; and Station 3 Engineer, Joe Betelak. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Michael Tietz for the position of Police Officer as listed in the Personnel Report dated August 14, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Frederick Williams, Sr., for the position of Maintenance Worker - Streets as listed in the Personnel Report dated August 14, 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA $2,755,000 GENERAL OBLIGATION REFUNDING BONDS OF 2003 Steve Mattson, of Northland Securities, fiscal consultant for the City, was present and reviewed his company’s offer to purchase General Obligation Refunding Bonds of the City in a negotiated sale. The refunding bonds a re proposed to refinance two 1993 bond issues and reduce the average interest rate to 2.6455 percent. The refunding the bond issue will result in net savings of $159,915.29 to the City. Resolution No. 20 03 - 151 MOTION: of Grendahl, seconded by Bergman, adopting providing for the issuance and sale of the City’s $2,755,000 General Obligation Refunding Bonds of 2003 to Northland Securities, Inc., at a net effective interest rate of 3.0371 percent, and authorizing execution of the necessary documents to comple te the sale. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 5 PARKING ISSUES SOUTH OF APPLE VALLEY HIGH SCHOOL Mr. Heuer reviewed his memo, dated August 14, 2003, concerning establishing parking restrictions on Upper 145th Street, Harrington Place, and Guthrie Avenue south of Appl e Valley High school. The Traffic Safety Advisory Committee reviewed the issue at its meeting of July 9, 2003, and recommended the restrictions, similar to other areas around the school, based on information that the neighborhood was in favor of them. Si nce then, a petition has been received from residents, generally toward the east, opposing the restrictions. Additionally, the School District is making improvements to the high school parking lot and will be reducing the width of parking spaces from ten feet to nine feet. This re - striping will result in 58 additional school parking spaces. Mr. Heuer reviewed an aerial photo from September of 2002 showing about a dozen cars parked in the streets toward the west end of Upper 145th Street. This number inc reases to about 30 to 40 cars by the end of the school year. He recommended delaying implementation of the Committee’s parking restriction recommendation to evaluate the effect of additional school parking spaces. He suggested the Committee also meet fur ther with the neighbors and School representatives to explore alternatives including incentives for students to park at Hayes Field. Councilmember Bergman asked whether temporary restrictions could be implemented if parking becomes a problem? Mr. Heuer s aid the City Code allows the Police Chief to impose parking restrictions when necessary. In such a situation, the restrictions are then brought to the Council at the next meeting for approval. MOTION: of Grendahl, seconded by Goodwin, referring the issue of parking south of Apple Valley High School back to the Traffic Safety Advisory Committee to consider a petition from residents opposed to the restrictions, the impact of additional school parking spaces, and other alternatives and report back to the Cou ncil at its meeting of September 25, 2003. A resident of Upper 145th Street commented on the problem with cars parked on both sides of the street and preventing an ambulance from getting to the cul de sac. She commented on students cutting through yards and trespassing and disagreed that more parking spaces at the high school would solve the problem. Mayor Hamann - Roland said the next Committee meeting is September 10th, at 7:00 p.m. She asked the School to consider incentives for students to car pool or park at Hayes Field. She asked whether some type of credit could be given to those who park at Hayes Field? This credit could then give them priority when spaces become available in the school lot. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 6 W AL - MART GARDEN CENTER CONDITIONAL USE PERMIT AMENDMENT Mr. Lovelace reviewed the Planning Commission recommendation on an amendment to the Conditional Use Permit for an outdoor garden center at Wal - Mart. The current permanent site is 8,024 square feet an d the temporary site is 7,200 square feet. The amendment would add 4,306 square feet to the permanent site, extending west along the front of the building, and reduce the temporary site by the same amount. The new permanent site will be enclosed by a 10 - foot high, combination block/brick, wall with an ornamental sliding gate. Councilmember Bergman asked whether the entire temporary outdoor site could be eliminated and all of it contained within the permanent site? Steve Lanning, of Cyntergy Architects, was present and said that was not part of the request and would have to be discussed with Wal - Mart. Councilmember Bergman showed photos comparing landscaping around the Wal - Mart building with Sam’s Club and asked why Wal - Mart is not using its irrigation s ystem? Steve Horsch, Store Manager, was present and said he is new to the position and not prepared to address that issue, but he will look into it. Resolution No. 2003 - 152 MOTION: of Goodwin, seconded by Bergman, adopting amending the Conditional Use Pe rmit for permanent outdoor garden center display and sales on Lot 1, Block 1, Walmart’s First Addition, by approving a 4,306 square - foot expansion of the site, with concurrent reduction of the temporary garden center site; subject to conditions as recommen ded by the Planning Commission. Ayes - 5 - Nays - 0. WASTE COLLECTION PROGRAM SURVEY Ms. Bodmer reviewed her memo dated August 11, 2003, concerning the Urban Affairs Committee’s review of the garbage/refuse collection ordinance. Waste haulers asked tha t the requirement prohibiting curbside collection be reconsidered. The Committee felt it would be helpful to have a new, professional, survey conducted to determine how residents view the issue. The haulers support conducting such a survey and have agree d to pay for it. The City’s Recycling Coordinator would also like to include questions related to the “Green Guide” booklet in such a survey. A proposal for such a survey was solicited from Decision Resources. The proposal is for a telephone survey, not to exceed 25 questions, of 400 randomly selected residents. The City would have final approval of the content of the questions included in the survey. The haulers will fund $5,000.00 of the cost with an additional $1,000.00 funded through Dakota County recycling funds. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 7 MOTION: of Grendahl, seconded by Bergman, approving an Agreement with Decision Resources, Limited, to conduct a telephone survey on the current waste collection program and recycling issues, at a cost not to exceed $6,000.00, as attached to the Assistant Planner’s memo dated August 11, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. ORDINANCE AMENDING ALARM SYSTEM REGULATIONS Ms. Mueller gave the second reading of an ordinance amending City Code Cha pter 130 regulating alarm systems as attached to her memo dated August 11, 2003. The ordinance would impose a ten - percent penalty, after 30 days, on unpaid fees for false alarm responses. It would allow the City to collect any unpaid fees and penalties by special assessment against the property on which the alarm system is located. The definition of alarm user is added to clarify that these provisions apply whether the property is owned or leased. The ordinance further adds Section 130.45 prohibiting a larm systems that use taped or prerecorded messages with automatic dialing of the emergency number 911. Ordinance No. 733 MOTION: of Bergman, seconded by Erickson, passing amending Chapter 130 of the City Code by providing that fees for more than three fa lse alarms in a calendar year are delinquent if not paid within 30 days, are subject to a ten - percent penalty, and will be collected by special assessment against the property on which the alarm system is located if they remain unpaid; additionally, certai n types of automatic dialing alarm systems are prohibited in the City. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated August 11, 2003, with a calendar listing upcoming events. Mayor Hamann - Roland thanked Pam Walter, Cr ime Prevention Specialist, for coordinating the National Night Out events. She noted that 85 parties were organized for August 5th and representatives of the City visited all of them. The Mayor noted that Burlington Coat Factory had withdrawn its request for a temporary banner advertising its opening at 7575 West 153rd Street, but it is open for business. A grand opening, ribbon cutting ceremony, is scheduled for August 22, 2003, at 9:30 a.m. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated July 31, 2003, in the amount of $10,832,481.23; August 7, 2003, in the amount of $795,792.37; and August 13, 2003, in the amount of $810,675.18. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2003 Page 8 MOTION: of Grendahl, seconded by Goodwi n, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:06 o’clock p.m.