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HomeMy WebLinkAbout02/24/2000CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 24th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Finance Director Ballenger, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Margarit, Assistant Planner Milton, Administrative Assistant Pederson, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone in attendance 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 meet ing as amended. Ayes - 5 - Nays - 0. AUDIENCE - SPECIAL PERMIT FOR ROAD RESTRICTIONS Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Bill Diedrich requested a special permit for exemption from statutory road restrictions. MnDOT is imposing load weight restrictions on roads beginning February 25, 2000. He requested the exemption to move 900 yards of fill from a lot in Saddle Ridge to the Timber Ridge project. The hauling could be done in two to three days, but will take seven to ten days without an exemption. He has a deadline with the buyer of June 1st to complete the house in Saddle Ridge. Mr. Heuer said the spring restrictions limit trucks on all roads in the City to five tons per axle and will remain for approximately eight weeks. The Council can grant exemptions if applicants can show good cause. The decision to grant an exemption is discretionary on the part of the Council. The Mayor asked if any permits have been issued in the past? Mr. Heuer said none have been issued. MnDOT advises that the period when frost is first going out of the ground is when roads are most susceptible to damage. This year is unusual because restrictions are not usually imposed until mid-March. Councilmember Erickson asked if Mr. Diedrich would be willing to post a financial guarantee to cover any damage? Mr. Diedrich said he would. Mr. Lawell said the reason for the restriction is to protect the City’s investment in its infrastructure. There is also concern about setting a precedent for other applications by granting this exemption. Ms. Hills said the burden is on the CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2000 Page 2 applicant to show good cause for getting the permit. If the permit is approved, a precedent would be set for future applications. Councilmember Goodwin said the restrictions are imposed for a reason; to prevent road damage. He expressed concern about setting a precedent and said he is not willing to consider issuing the permit at this time. CONSENT AGENDA MOTION: o f Sterling, seconded by Goodwin, moving consideration of a Relocation Assistance Agreement with Dakota County CDA to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterlin g, seconded by Goodwin, approving the minutes of the regular meeting of February 10th, 2000, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the 1999 Annual Report of activities of the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the 1999 Annual Report of recycling activities for the Community Landfill Abatement Program. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Apple Valley Tourism Bur eau’s 2000 budget, of $36,000, as attached to the Assistant to the City Administrator’s memo dated February 18, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of Tobacco Sales and Coin- Operated Amusement Device Licenses for Rascals Bar & Grill as listed in the City Clerk’s memo dated February 18, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-45 MOTION: of Sterling, seconded by Goodwin, adopting authorizing distribution of the Environmental Assessment Worksheet, and supporting documents, for Regatta 3rd Addition to the Minnesota Environmental Quality Board for publication. Ayes - 5 - Nays - 0. Resolution No. 2000-46 MOTION: of Sterling, seconded by Goodwin, adopting revoking Municipal State Aid Street status on County Road 11, between 140th Street and I- 35E, due to its designation as a County State Aid Road. Ayes - 5 - Nays - 0. Resolution No. 2000-47 MOTION: of Sterling, seconded by Goodwin, adopting approving specifications for a Telescoping Aerial Lift Truck with Sign Utility Body, for CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2000 Page 3 Street Maintenance, and authorizing advertising for receipt of bids, at 2:00 p.m., on April 4, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-48 MOTION: of Sterling, seconded by Goodwin, adopting authorizing transfer of ten Bendix/King portable radios and equipment to the Minnesota Bureau of Criminal Apprehension and appropriating an abandoned/unclaimed Sony television set for use by the Police Department as described in the Police Chief’s memo dated February 14, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Water Management Program Agreement with Hawkins Chemical, Inc., for services at the Outdoor Aquatic Center, at a fee of $21,500.00 for 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an adjustment for 2000 in the City Attorney’s monthly retainer for general matters, from $9,107.00 to $9,380.00, and for police matters, from $13,662.00 to $14,333.00, as described in the City Clerk’s memo dated February 18, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving notice of the Fire Chief’s appointment of Department Officers as listed in his memo dated February 17, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the 2000-2001 Labor Agreement with AFSCME Council 14, Local No. 479, Maintenance Employees as attached to the Human Resources Manager’s memo dated February 24, 2000, and authorizing execution of the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving promotion of Scott Breuer to the position of Recreation Supervisor as listed in the Personnel Report dated February 24, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employee as listed in the Personnel Report dated February 24, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RELOCATION SERVICES AGREEMENT Mr. Lawell said the City previously took action to begin acquisition of property at 145th Street and future Flagstaff Avenue from McNamara Contracting. Such acquisition involves relocation of a tenant on the site as described in the Community Development Director’s memo dated February 17, 2000. The proposed agreement, with the Dakota County Community Development Agency, CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2000 Page 4 is for providing relocation services. The Council has asked whether relocation assistance is required for a non-conforming manufacturing use on the property. MOTION: of Goodwin, seconded by Sterl ing, referring the Relocation Services Agreement for the McNamara Contracting property, as attached to the Community Development Director’s memo dated February 17, 2000, to the City Attorney to determine if relocation is appropriate for the type of use now on the property. Ayes - 5 - Nays - 0. HIDDEN PONDS APARTMENT SITE Ms. Milton reviewed her memo dated February 18, 2000, advising that the Metropolitan Council approved the Comprehensive Plan amendment on Lot 2, Block 1, Hidden Ponds. The property owner also filed the necessary documents with Dakota County to combine Lots 1 and 2 as a single tax parcel as directed by the Council on February 10, 2000. Jody Schuster, 12905 Germane Avenue, said she attend the Planning Commission meeting when this was considered and they recommended denial. She now found out that the Council is proceeding with approval and asked for an explanation. Ms. Milton said the Planning Commission felt it did not have enough information for approval. Mr. Kleckner clarified that Lots 1 and 2 are being combined so the City will have more control over the site. He also submitted a plan showing how a building could be placed on the site without encroachment into the wetland. Ms. Schuster asked that action be deferred so the neighborhood could discuss the proposal further. They have concerns about increased traffic and impact on the pond level. Mayor Hamann-Roland said the rezoning only involves Lot 2, Lot 1 is already zoned M-7C. She asked for review of issues considered by the Planning Commission. Mr. Gordon said about 400 acres drain into the pond. Whether or not these two lots are developed, has little impact on the level. Ms. Milton said traffic counts were taken on Germane Avenue and show 1,200 vehicle trips per day at 128th and Germane. The street design is 3,000 trips per day and can accommodate development on the lots. Councilmember Grendahl asked if a step was missed by not referring the additional information provided by Mr. Kleckner back to the Planning Commission? Mr. Kelley said the Planning Commission held a hearing and gave an opportunity for neighborhood input. Lot 2 is already zoned R-5. Combination of the two lots addressed the Commission’s concern about rezoning it. Bruce Pelava, 12777 Germane Avenue, owner of Lot 3, commented on the pond level and said every spring it comes up to the easement road on the edge of the property. He objected to combining the lots since that would allow more units on the site. Ms. Milton said the plan Mr. Kleckner submitted shows 93 or 96 units, but that is gross units. He would have to have MnDOT CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2000 Page 5 convey some property back to reach that density. At this time, there is no approved building plan for the property and; until there is, the units cannot be calculated. The Council discussed the ability to limit development on Lot 2 by combining it with Lot 1. If they were not combined, a separate duplex could be constructed on it as well as some type of apartment building on Lot 1. The submitted plan shows how one building could be placed on both lots and most of Lot 2 retained as a buffer area. Resolution No. 2000-49 MOTION: of Erickson, seconded by Sterling, adopting approving an amendment to the Comprehensive Land Use Guide Plan, from “LD” (low density residential) to “HD” (high density residential) for Lot 2, Block 1, Hidden Ponds, as approved by the Metropolitan Council. Ayes - 4 - Nays - 1 (Grendahl). Ordinance No. 667 MOTION: of Erickson, seconded by Sterling, passing rezoning Lot 2, Block 1, Hidden Ponds, from R-5 (Two family residential) to M-7C (Multiple family residential 12-20 units per acre). Ayes - 4 - Nays - 1 (Grendahl). COUNTY ROAD 46 EXCAVATION AGREEMENT Mr. Kelley reviewed his memos dated February 17 and 24, 2000, describing the agreement to excavate the right-of-way for County Road 46, east of Pilot Knob Road, prior to the County constructing the road. At the request of Lakeville, paragraph 5 has been revised to require access at County Road 46 and Pilot Knob rather than at Dodd Boulevard. Excavation is required to be completed by April 15, 2001, with road construction completed by fall of 2001. MOTION: of Goodwin, seconded by Sterling, approving the Agreement for Right-of-Way and Mining of County Road 46 with Dakota County, Lakeville, Nordic Square Limited Partnership, and CAMAS, Inc., attached to the Community Development Director’s memos dated February 17 and 24, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. INSURANCE RENEWAL Mr. Ballenger distributed and reviewed his memo dated February 24, 2000, describing proposed insurance coverage renewal with the League of Minnesota Cities Insurance Trust. He noted the premium increase is $40,476 due to rate changes and increased exposure from facilities added by the City. The agent is also requesting a rate increase, from $4,800 to $6,000, the first since 1994. MOTION: of Goodwin, seconded by Sterling, approving renewal of insurance coverage with the League of Minnesota Cities Insurance Trust, for the period March 1, 2000, to March 1, 2001; at a total cost of $438,308.00, as described in the Finance Director’s memo dated February 24, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2000 Page 6 ROAD RESTRICTION PERMIT DENIAL MOTION: of Goodwin, seconded by Grendahl, denying the application of Diedrich Builder s, Inc., for a special permit for excessive weight vehicles to use City streets as attached to the Acting Public Works Director’s memo dated February 24, 2000. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Erickson asked that, in the future, extra items brought to the Council the night of the meeting be scheduled at the end of the regular agenda. The Council received a memo dated February 18, 2000, with a calendar listing upcoming events. Mayor Hamann-Roland noted that Steve David has been appointed as the City’s representative on the Vermillion River Watershed Management Organization. Mayor Hamann-Roland expressed appreciation to ALF Ambulance, Fire, and Police for emergency services provided at accidents in the past week. CLAIMS AND BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated February 16, 2000, in the amount of $5,843,519.38; and February 23, 2000, in the amount of $315,770.74. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:02 o’clock p.m.