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HomeMy WebLinkAbout05/31/2001CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 31st, 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 Fruechtl, Finance Director Ballenger, Natural Resources Coordinator Colleran, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Assistant Planner Milton, and Administrative Assistant Pederson. 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 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, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of May 15th, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001-79 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $250.00 from Bonestroo, Rosene, Anderlik & Associates, Inc., for use toward parks and recreation programs and activities. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 2 Resolution No. 2001-80 MOTION: of Grendahl, seco nded by Sterling, adopting accepting, with thanks, the donation of two crabapple trees, valued at $500.00, from Erin Wipf, for planting at Farquar Park. Ayes - 5 - Nays - 0. Resolution No. 2001-81 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Eagan Citizen’s Crime Prevention Association for a raffle on September 7, 2001, at Valleywood; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a temporary license for an outdoor special event to H.O. C., Inc., d/b/a Rascals Apple Valley Bar & Grill, on June 29, 2001, from 6:00 p.m. to 12:30 a.m., for use in the parking lot at 7721 West 147th Street; and temporary street closings for a car show, with conditions as described in the City Clerk’s memo dated May 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Firewor ks Display Agreement with RES Specialty Pyrotechnics, Inc., to provide a display on July 4, 2001, as attached to the Recreation Supervisor’s memo dated May 22, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Gr endahl, seconded by Sterling, approving issuance of a temporary On-Sale 3.2 Percent Malt Liquor License to Rosemount Jaycees, for use on July 4, 2001, at Johnny Cake Ridge Park, as described in the City Clerk’s memo dated May 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing adding the citizen volunteer members of the Traffic Safety Advisory Committee to the Commission/Committee Recognition Program beginning in 2001; as described in the Parks and Recreation Director’s memo dated May 18, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Declaration of Restrictive Use for Redwood Park (Outlot 9, Apple Valley 3rd Addition) providing it will be used for outdoor recreation purposes, as a condition of the Natural Resources picnic shelter grant, and authorizing the Mayor and Clerk to sign the document attached to the Parks and Recreation Director’s memo dated May 25, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-82 MOTION: of Grendahl, seconded by Sterling, adoptin g approving reapportionment of special assessments by Dakota County as divisions numbered: 23189, Eastwood Ridge; 23260, U-Haul Apple Valley Addition; 23281, Fischer Market Place 5th Addition; 23541, Fischer Market Place 6th Addition; and 23559, Culver’s Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 3 MOTION: of Grendahl, seconded by Sterling, approving the Multi-Jurisdictional Network Organization (MJNO) Participation Agreement for sharing public safety investigative data, as attached to the Police Chief’s memo dated May 24, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving participation in the Dakota County Wetland Health Evaluation Project for 2001 as described in the Natural Resources Coordinator’s memo dated May 31, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement with Dan Bale for Wetland Health Evaluation Project Services as attached to the Natural Resources Coordinator’s memo dated May 31, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving extension of the special permit allowing a temporary trailer for office uses at Wirsbo Company until July 31, 2002, as described in the City Planner’s memo dated May 22, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of financial guarantees for: Pinecrest 3rd, from $3,700.00 to $1,125.00; Rodeo Hills 3rd, from $10,835.00 to 0; Rodeo Hills 4th Addition, from $22,623.00 to 0; and Apple Valley Ford Truck Center, from $28,000.00 to 0. Ayes - 5 - Nays - 0. Resolution No. 2001-83 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 01-150 (Part 2), Orchard Pointe 2nd Addition Pathway Lighting on 153rd Street, to Ridgedale Electric, Inc., the low bidder, in the amount of $54,554.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 2 2 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $13,683.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting the City Hall Roof Repair project as final and authorizing final payment on the contract with A-Plus Roofing Company, in the amount of $12,450.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Right-of-Way Permit and Facility Use Agreement with Metricom, Inc., for operation of its Ricochet radio network service, as attached to the Public Works Director’s memo dated May 31, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-84 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Valley Middle School Park Shelter Building CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 4 Renovations and authorizing advertising for receipt of bids, at 2:00 p.m., on June 19, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiri ng the part-time and seasonal employees as listed in the Personnel Report and Addendum dated May 31st, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Dawn R. Strauss for the position of Human Resources Manager, effective June 25, 2001, as listed in the Personnel Report Addendum dated May 31st, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA “GOOD SAMARITAN” COMMENDATIONS Kevin Raun, ALF Ambulance Director, described the actions taken by store personnel and individuals on January 13, 2001, when Francis Vincent suffered cardiac arrest while shopping at Cub Foods. Store Manager Brett Lein called for assistance and nurses, Sharre Paxson and Linda Trepanier, and Dr. Bernard Liang, who were in the store, responded and began life-saving CPR. Mr. Vincent recovered and was present to thank those who assisted him. The Mayor presented certificates of commendation to Mr. Lein, Ms. Paxson, Ms. Trepanier, and Dr. Liang. The Council thanked them for being good neighbors. SKATEBOARD RAMP PROJECT Mr. Johnson introduced Phil Frazier and Nick Murray, students at the School of Environmental Studies, who, along with Nick Brakel, have been working on a proposal to construct skateboard ramps in park areas. Mr. Frazier described their plan to construct and install five ramps on an asphalt-surfaced area west of the Teen Center. He reviewed their research in preparing the proposal. It was determined that by keeping the ramp structures under three feet tall, they are classified as tier I and do not result in an additional insurance charge for the City. He thanked Park and Recreation Department Staff for their assistance and Lampert’s and Ace Hardware for donating materials. MOTION: of Goodwin, seconded by Grendahl, approving instal lation of skateboard ramps, classified as tier I, on a surfaced area west of the Teen Center by School of Environmental Studies students, as described in the Parks and Recreation Director’s memo dated May 24, 2001. Ayes - 5 - Nays - 0. 2001 SPECIAL ASSESSMENT ROLL 490 Mayor Hamann-Roland called the public hearing to order, at 8:22 p.m., on Special Assessment Roll No. 490 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 5 reviewed her memo dated May 25, 2001, describing the assessment roll for delinquent utility charges totaling $53,904.45. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. Kathleen Berry, 106 Chaparral Drive, questioned the time period that her bill, of $52.37, covered. She agreed to meet with the Finance Director to discuss the details. There were no other questions and the hearing was declared closed at 8:25 p.m. Resolution No. 2001-85 MOTION: of Erickson, seconded by Grendahl, adopting approving and levying 2001 Special Assessment Roll No. 490, in the total amount of $53,904.45. Ayes - 5 - Nays - 0. 2001 SPECIAL ASSESSMENT ROLLS 491-493 Mayor Hamann-Roland called the public hearing to order, at 8:27 p.m., on Special Assessment Rolls No. 491 through 493 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 25, 2001, describing the assessment rolls, totaling $232,791.00, for improvement projects. The amount of Assessment Roll 491, for Pahl’s Garden Lots, was reduced by $103,952.00 from the amount shown when the hearing was set. The reduction was to correct engineering and overhead costs. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:29 p.m. Resolution No. 2001-86 MOTION: of Grendahl, seconded by Sterling, adopting approving and levying 2001 Special Assessment Rolls No. 491 through 493, in the total amount of $232,791.00. Ayes - 5 - Nays - 0. DIAMOND VALLEY ESTATES SUBDIVISION Ms. Milton reviewed the Planning Commission recommendation on the proposed Diamond Valley Estates subdivision located between 138th Street and Diamond Path, at 13795 Diamond Path. The property is proposed to be rezoned to single family residential and subdivided into 13 lots and one outlot for vehicle turn around. Construction could not occur on the outlot until 138th Street is extended to the east. To promote infiltration of storm water, rain gardens would be constructed on Lots 2, 4, 5, 6, and possibly 7. A storm sewer system will also be installed. The Council asked how long 138th Street might be expected to remain a dead end and whether the number of homes on the street is an issue? Ms. Milton said there are four parcels that share a private driveway to Diamond Path. Only the six-acre parcel on the northwest is proposed to be developed now. It could be up to 14 years before the other three property owners are ready to develop. The subdivision ordinance allows a maximum of 15 lots on a cul de sac. The road is proposed as a stubbed street and is considered temporary. Even though there will be more than 15 homes on 138th Street, it is not intended to be permanent. Until the street extends east, a CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 6 vehicle turn around area would be provided. The Planning Commission recommended officially mapping 138th Street to Diamond Path to identify that it will connect at some time. Average lot sizes of the proposed subdivision were reviewed and compared with surrounding neighborhoods. The average size for Diamond Valley Estates is 14,890 square feet per lot and the zoning ordinance minimum is 11,000 square feet. Setback variances are recommended for five lots. With these variances, the grading plan shows a loss of 60 percent of the trees. Neal Krzyzaniak, of Bridgeland Development, was present and said five builders will be constructing custom homes, estimated to range from $300,000 to $500,000 in value, on the lots. They will attempt to save as many trees as possible and will be planting an additional three trees per lot. Restrictive covenants addressing exterior building materials, roofing, etc., will be placed on the subdivision. Richard Hocking, the developer’s attorney, asked the Council to consider a temporary easement on two lots, at the east end of the subdivision, as an alternative to an outlot for a vehicle turn around. It would allow the additional lot to be developed now rather than later. The end of the stubbed street could be used for snow storage. Mr. Dougherty said the location of the turn around is not as important as that it be provided. If it is done by easement, houses constructed on those lots would require setback variances from the new easement. Ordinance No. 692 MOTION: of Goodwin, seconded by Erickson, passing rezoning part of the South Half of the Southeast Quarter of Section 24 (Diamond Valley Estates) from “A” (Agriculture) to “R-3” (Single Family Residential) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-87 MOTION: of Erickson, seconded by Goodwin, adopting approving the preliminary plat of Diamond Valley Estates, located between 138th Street and Diamond Path, with 13 lots and one outlot and other conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, directing Staff to prepare an amendment to the official map to delineate extension of future 138th Street from its current terminus to Diamond Path. Councilmember Erickson asked if the alignment of 138th Street, shown on sketch, is its preferred location? Ms. Milton said the alignment is shown to make a connection with Diamond Path and intersect with the street in Rosemount. It could be changed in the future should the properties develop differently. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 7 Resolution No. 2001-88 MOTION: of Goodwin, seconded by Erickson, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 00-153, Diamond Valley Estates Utility and Street Improvements. Ayes - 5 - Nays - 0. COBBLESTONE LAKE AUAR SUPPLEMENTAL MITIGATION PLAN Mr. Kelley reviewed his memo dated May 24, 2001, describing the environmental review process for the proposed Cobblestone Lake development in the southeast corner of the City. Due to the magnitude of the development, and its discharge into the headwaters of the Vermillion River, agencies reviewing the information asked for more detailed stormwater calculations. These were prepared along with a supplemental mitigation plan. The Metropolitan Council, by letter dated May 30, 2001, has now withdrawn its objection to the AUAR. However, approval of the supplemental mitigation plan is recommended. MOTION: of Grendahl, seconded by Goodwin, approving the supplemental mitigation plan for the Cobblestone Lake development Final Alternative Urban Areawide Review, as attached to the Community Development Director’s memo dated May 24, 2001, and authorizing its distribution. Ayes - 5 - Nays - 0. PROJECT 00-148, 2001 STREET MAINTENANCE PROGRAM Mr. Heuer reviewed his memo dated May 23, 2001, detailing bids received for Project 00-148, 2001 Street Maintenance Program, including traffic calming measures on Garden View Drive. The Garden View Drive portion was estimated at $134,900 and, with engineering, will cost $104,550. Since this item was not budgeted, it is recommended to be paid from the contingency. Councilmember Erickson asked if intervals have been established for continuing traffic counts on Garden View Drive? Mr. Lawell said they are being taken now and will be taken after improvements are made. Councilmember Erickson said he would like to see quarterly reports on the counts. Resolution No. 2001-89 MOTION: of Grendahl, secon ded by Goodwin, adopting awarding the contract for Project 00-148 (Combined), 2001 Street Maintenance Program, to McNamara Contracting, Inc., the low bidder, in the amount of $1,193,587.55. Ayes - 5 - Nays - 0. PROPERTY MAINTENANCE REGULATIONS Mr. Lawell gave the first reading of an ordinance amending City Code Chapter 12 by establishing property maintenance regulations as attached to his memo dated May 24, 2001. The purpose is to ensure that building exteriors are kept in good repair, erosion of soil and accumulations of water are prevented, and private sidewalks and driveways are maintained free from hazardous conditions. The Council accepted the first reading. The second reading will be scheduled for June 14, 2001. CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 8 CIVIL PENALTIES FOR ALCOHOLIC BEVERAGE SALES VIOLATIONS Mr. Dougherty gave the first reading of an ordinance amending City Code Chapter 3 by imposing civil penalties for alcoholic beverage sales violations as attached to the memo dated May 24, 2001. The provision in state law allows penalties up to $2,000 for each violation. The State advised cities that it will begin imposing penalties if the cities do not. The penalties would be imposed administratively and begin at $75.00 for a first violation. The Council accepted the first reading. The second reading will be scheduled for June 14, 2001. HIDDEN PONDS APARTMENTS UTILITY INSTALLATION Mr. Kelley reviewed his memo, dated May 31, 2001, regarding installation of utilities for Hidden Ponds Apartments. The improvements were going to be installed by the City as a public project. Bids were received and the cost was higher than estimated. The developer was able to negotiate installation at a lower cost and will enter into a private contract for the work. An agreement between the City and Duffy Development providing for this work has been prepared. MOTION: of Grendahl, seconded by Goodwin, approving the Development Agreement for Hidden Ponds 3rd Addition, as attached to the Community Development Director’s memo dated May 31, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-90 MOTION: of Erickson, seconded by Sterling, adopting rejecting all bids received on April 19, 2001, for Project 00-134, Hidden Ponds Apartments Utility Improvements. Ayes - 5 - Nays - 0. CONCEAL & CARRY GUN PERMIT LEGISLATION Councilmember Goodwin commented on legislation considered this session that would have made it easy for anyone to get a permit to carry a concealed weapon. Current law allows police chiefs to determine when permits are issued, but is not applied consistently. He suggested Dakota County Managers and Chiefs take up the issue and agree on a position because the legislation will continue to be considered. Police Chief Johnson agreed the current law does not provide guidance on how permits are issued. The Chiefs of Police Association is establishing a task force to address guidelines and consistency in issuing permits and he is willing to serve on the committee. The Council concurred he should do so. COMMUNICATIONS & CALENDAR The Council received a memo dated May 25, 2001, with a calendar listing upcoming events. CITY OF APPLE VALLEY Dakota County, Minnesota May 31, 2001 Page 9 CLAIMS AND BILLS MOTION: of Grendahl, seconded by Sterling, to pay the claims and bills, check registers dated May 17, 2001, in the amount of $333,766.64; May 23, 2001, in the amount of $4,665,883.95; and May 30, 2001, in the amount of $11,220,168.30. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:55 o’clock p.m.