Loading...
HomeMy WebLinkAbout05/27/2004CITY OF APPLE VALLEY Dakota County, Minnesota May 27 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 27 th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - R oland; Councilmembers Bergman, Erickson, and Goodwin. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick , Finance Director Ballenger, Ass oc iat e Plan ner Bodmer, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, and Human Resources Manager Strauss . Mayor Hamann - Rol and 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 agenda for tonight’s meeting as amende d . Ayes - 4 - 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 Goodwin , seconded by Bergman , approving all items on the consent agen da with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin , seconded by Bergman , approving the minutes of the regular meeting of May 13th , 200 4 , as written. Ayes - 4 - Nays - 0 . Resolution No. 2004 - 105 MOTION: of Goodwin , seconded by Bergman , adoptin g accepting, with thanks, the donation of $275.00 from Bonestroo, Rosene, Anderlik & Associates, Inc., toward sponsorship of recreation programming . Ayes - 4 - Nays - 0. Resolution No. 2004 - 106 MOTION: of Goodwin , seconded by Bergman , adopting accepting, with thanks, the donation of flag poles, valued at $3,094.18, from Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2004 Page 2 American Legion Post 1776, for installation at Fire Stations No. 2 and No. 3 . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , receiving the Traffic Safety Advisory Committee’s 2003 annual report . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving conversion of items of Police evidence property for use by City departments as listed in the Police Captain ’s memo dated May 24 , 2004. Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving issuance of a new License for Sale of Tobacco and Tobacco Products to Tobacco Valley Market Place, Inc., d/b/a Tobacco Valley Southport, at 15050 Cedar Avenue, Suite 10 8, a s described in the C ity Clerk ’s memo dated May 24 , 2004. Ayes - 4 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , approving a Fireworks Display Agreement with Melrose North Pyrotec hnics , Inc., to provide a fireworks display on July 4, 200 4 , at a total cost of $16,300.00, as attached to the City Clerk’s memo dated May 24 , 200 4 ; subject to receipt of a fireworks permit and certificate of insurance, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , a pproving submittal of an application for an Oak Wilt Management Grant, in the amount of $15,000.00, for the period 2004 to 2006, to the Minnesota Department of Natural Resources as attached to the Natural Resources Coordinator’s memo dated May 27, 2004 . Ayes - 4 - Nays - 0. Resolution No. 2004 - 107 MOTION: of Goodwin , seconded by Bergman, adopting setting a public hearing, at 8:00 p.m., on June 24, 2004, to consider vacating easements on Lots 7 - 14, 16 - 21, and 25 - 31, Block 3, Cobblest one Lake 3rd Addition (to be replatted as Cobblestone Lake 4th Additio n ) . Ayes - 4 - Nays - 0. Resolution No. 2004 - 108 MOTION: of Goodwin , seconded by Bergman , adopting receiving the preliminary engineering report for Project 03 - 239, Galaxie Avenue Recon struction from 151st Street to a Point 100 Feet North of 157th Street, and setting a public hearing on it, at 8:00 p.m., on June 24, 2004 . Ayes - 4 - Nays - 0. Resolution No. 2004 - 109 MOTION: of Goodwin, seconded by Bergman, adopting directing the City E ngineer to prepare plans and specifications for Project 03 - 239, Galaxie Avenue Reconstruction from 151st Street to a Point 100 Feet North of 157th Street. Ayes - 4 - Nays - 0. Resolution No. 2004 - 110 MOTION: of Goodwin, seconded by Bergman, adopting rece iving the preliminary engineering report for Project 03 - 238, Harmony Commons Utility CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2004 Page 3 and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on June 24, 2004. Ayes - 4 - Nays - 0. Resol ution No. 2004 - 111 MOTION: of Goodwin, seconded by Bergman, adopting directing the City Engineer to prepare plans and specifications for Project 03 - 238, Harmony Commons Utility and Street Improvements. Ayes - 4 - Nays - 0. Resolution No. 2004 - 112 MOTION: of Goodwin, seconded by Bergman, adopting receivi ng the preliminary engineering report for Project 02 - 196, The Legacy of Apple Valley North Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on June 24, 2004. Ayes - 4 - Nays - 0. Resolution No. 2004 - 113 MOTION: of Goodwin, seconded by Bergman, adopting directing the City Engineer to prepare plans and specifications for Project 02 - 196, Legacy of Apple Valley North Utility and Street Improvements. Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving the Planned Development Agreement for The Legacy of Apple Valley North with Legacy Holdings - AVN, L . L . C . , incorporating Planned Development Designation No. 739, as attached to the City Planner’s memo dated May 24 , 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. Resolution No. 2004 - 114 MOTION: of Goodwin , seconded by Bergman , adopting approving the final plat and Development Agreement for The Legacy of Apple Valley North and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving acquisition of a Drainage and Utility Easement on part of Lot 2, Block 3, Rolling Ridge, in connection with Project 03 - 217, and authorizing payment of $25,000.00 to Jody and P amela Halvorson, as attached to the City Engineer’s memo dated May 10, 2004. Ayes - 4 - Nays - 0. Resolution No. 2004 - 115 MOTION: of Goodwin , seconded by Bergman , a dopting awarding the contract for Project 98 - 417, Palomino Drive Reconstruction Between Ga rden View Drive and Pennock Avenu e , to McNamara Contracting, Inc., the low bidder, in the amount of $1,242,009.55 . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , a pproving an Agreement with A - Plus Roofing Co. for roof replacements on part of the Central Maintenance Facility and the Old City Hall Building, in the total amount of $44,490.00, as attached to the Public Works Super v i sor ’s memo dated May 27 , 200 4 , and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2004 Page 4 M OTION: of Goodwin , seconded by Bergman, approving an Agreement with Wagner Sod Company and Landscaping, Inc., for sod and irrigation installation in Legacy Park, in the amount of $24,245.85, as attached to the Park Maintenance Superintendent’s memo dated M ay 13, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman, approving an Agreement with Little Tikes Commercial Play Systems, Inc., for playground equipment in Johnny Cake Ridge Par k East, in the amount of $65,000.00, as attached to the Parks and Recreation Director’s memo dated May 24, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving an Agreeme nt with Earl F. Andersen , Inc., for playground equipment in Palomino Park , in the amount o f $ 34,992.88 , as attached to the P arks and Recreation Director ’s memo dated May 24 , 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving C hange O rder No. 1 to the contract with Top Line Construction & Roofing, LLC , for R esiding Delaney and Hagemeister Park Shelter Buildings , in the amount of an additional $ 4 , 400 .00 . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , a uthorizing the use of $84,389.54 in Equipment Certificates for the purchase of a JCB 520 Loadall Telehandler and a Bobcat Toolcat as requested in the Public Works Director’s memo dated May 27 , 2004 . Ayes - 4 - Nays - 0. MOTION: of Goodwin , seconded by Bergman , approving hiring the part - time and seasonal employees as listed in the Personnel Report and Addendum dated May 27 , 200 4 . Ayes - 4 - Nays - 0. END OF CONSENT AGENDA GIRL SCOUT CERTIFICATE OF COMMENDAT ION Mayor Hamann - Roland said the Girl Scout Council of the St. Croix Valley notified the City that Molly Jabas, a resident and student at Eastview High School, has earned the Girl Scout Gold Award, the highest award in Girl Scouting. Ms. Jabas was not ab le to attend the meeting to accept congratulations and a Certificate of Commendation will be mailed to her . 2004 SPECIAL ASSESSMENT ROLL 526 CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2004 Page 5 Mayor Hamann - Roland called the public hearing to order, at 8:03 p.m., on Special Assessment Roll No. 526 and note d receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 24, 2004, describing the assessment roll, totaling $81,127.88, for delinquent utility charges. No written objections have been received. The Mayor a sked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:04 p.m. Resolution No. 2004 - 116 MOTION: of Goodwin, seconded by Bergman, adopting approving and levying 2004 Special Assessment Rol l No. 526, delinquent utility charges, in the total amount of $81,127.88. Ayes - 4 - Nays - 0. 2004 SPECIAL ASSESSMENT ROLLS 527 & 528 Mayor Hamann - Roland called the public hearing to order, at 8:05 p.m., on Special Assessment Rolls No. 527 and 528 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 24, 2004, describing the assessment rolls, totaling $599,073.00, for Majestic Ridge and Knob Ridge Business Park improvements. No written objecti ons 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 8:06 p.m. Resolution No. 2004 - 117 MOTION: of Erickson, seconded by Goodwin, adopting approving an d levying 2004 Special Assessment Rolls No. 527 and 528, in the total amount of $599,073.00. Ayes - 4 - Nays - 0. HILLCREST ACRES THIRD ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on Hillcrest Acres Third Addition, a replat of Lots 3 and 4, Block 1, Hillcrest Acres ; at the southwest corner of County Road 42 and Flagstaff Avenue . The request includes an amendment to Zone 3 of the Planned Development to allow Class II restaurants with drive - through windows in both freestanding an d multi - tenant buildings. A condition for drive - through windows is that only one would be allowed per lot. With replat of the lots, the third addition will have only one lot. Vacation of easements on the two existing lots is required before the new plat can be approved. The proposal includes application for a 10,207 square - foot multi - tenant retail building similar to the building located to the west. A restaurant with a drive - through window is proposed for the east end of the building. The site plan h as been modified as recommended by the Traffic Consultant to accommodate traffic patterns for the drive - through window. Mr. Lovelace reviewed other conditions contained in the Planning Commission’s recommendation . Ordinance No. 750 MOTION: of Goodwin, seconded by Bergman, passing amending Section A25 - 2(C)(6) of the City Code , regarding permitted uses in Zone 3 of Planned Development No. 679 , by allowing Class II restaurants with drive - through CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2004 Page 6 windows in both freestanding and within multi - tenant buildings with conditions as recomm ended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2004 - 1 18 MOTION: of Bergman , seconded by G oodwin , adopting approving the site plan and authorizing issuance of a building permit for construction of a multi - te nant retail building on Lot 1 , Block 1 , Hillcrest Acres Third Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2004 - 1 19 MOTION: of Erickson , seconded by Bergman, adopting setting a public hearing, a t 8:00 p.m., on June 24, 2004, to consider vacating easements on Lots 3 and 4, Block 1, Hillcrest Acres . Ayes - 4 - Nays - 0. ORDINANCE AMENDING REFUSE COLLECTION REQUIREMENTS Ms. Bodmer reviewed her memo dated May 24, 2004, and gave the second reading of an ordinance amending City Code Sections 50.02 and 50.04 regarding refuse collection. The amendment would allow yard waste only to be placed at the curb for collection. All other refuse and recyclables would continue to be collected from a location ad jacent to the garage. It would also eliminate the requirement for haulers to report customers who place their containers in a location other than adjacent to the garage to the City. The language was amended from the first reading to state that yard waste may not be set out before 6:00 p.m. the night before collection day. She also commented on Edina’s program that allows only yard waste bags to be placed at the curb. Yard waste in reusable containers must be collected by the door with other refuse . The Council discussed the option of allowing only yard waste bags at the curb since they are the most difficult for haulers to handle and would not be confused with other refuse containers. Councilmember Bergman said his yard waste container is clearly marke d and should not be a problem to differentiate. He would like to allow the change to curbside collection for all yard waste and review it in a year. The Council discussed adding language that would require haulers to return any reusable yard waste contai ners to the garage after collection. Mr. Dougherty advised that if such language is desired, the ordinance should come back for another reading before final action. Councilmember Bergman asked how many residents have reusable containers for their yard wa ste. Ms. Bodmer said the City does not have that information and the haulers would have to be contacted to provide it. Councilmember Goodwin said he would like to add language requiring return of containers to garages. MOTION: of Bergman , seconded by G o odwin , tabling consideration of an ordinance amending refuse collection requirements for yard waste for a second reading on June 10 , 2004. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 27, 2004 Page 7 ORDINANCE AMENDING HEIGHTS OF WEEDS AND TREE LIMBS M r. Lawell reviewed Code Enforcement’s mem o dated May 24 , 2004, and gave the first reading of an ordinance amending City Code Section s 94.36 and 152.44 regarding public nuisances . One amendment would designate weeds and grass in excess of eight inches in height as a nuisance instead of the curren t language “in excess of ten inches in average height”. The second amendment is to clarify that tree limbs may not be less than 13 feet above the surface of a street. Councilmember Erickson asked about a property owner’s responsibility regarding boulevar d trees when the City periodically trims them. Mr. Heuer said the City will continue to trim boulevard trees, b ut th e re have been instances where a property owner objected to the trimming and this would clarify the distance. Councilmember Bergman asked h ow long the three - letter notification process Code Enforcement uses for overgrown grass takes and what process other cities use. Mr. Dougherty said the letter notification process is a policy the City has followed. It co u l d be tightened up if desired as long as a reasonable process is followed. Councilmember Goodwin asked Staff to review the enforcement process and provide an explanation at the next meeting as well as a comparison of how surrounding cities’ deal with nuisance notifications . The Council accepted the first reading. The second reading will be scheduled for June 10 , 2004 . COMMUNICATIONS & CALENDAR The Council received a memo dated May 24 , 200 4 , with a calendar listing upcoming events. Councilmember Bergman thanked Code Enforcement person nel for the excellent job they are doing. Mayor Hamann - Roland offered congratulations to all of the high school graduating classes and wishes for safe prom celebrations. CLAIMS AND BILLS MOTION: of Goodwin , seconded by Bergman , to pay the claims and bil ls, check registers dated May 19 , 200 4 , in the amount of $ 1,475,566.44 ; and May 27 , 200 4 , in the amount of $ 4,857,136.17 . Ayes - 4 - Nays - 0. MOTION: of Bergman , seconded by Erickson , to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8 : 5 8 o’clock p.m.