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HomeMy WebLinkAbout06/24/2004CITY OF APPLE VALLEY Dakota County, Minnesota June 24 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 24 th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - 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 Fick , Finance Director Ballenger, Ass oc iat e Planner Bo dmer, Associate Planner Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Community Development Director Kelley, Police Captain Lohse 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 led by Boy Scout Tyler Ament. APPROVAL OF AGENDA MOTION: of Erickson , sec onded by Grendahl , approving the agenda for tonight’s meeting as amend e d . Ayes - 5 - Nays - 0. AUDIENCE - TIM BURKE VOLUNTEER RECOGNITION Mayor Hamann - Roland asked if anyone was present to address the Council, at this time, on any item not on this meeti ng’s agenda. No one was present to speak. Mayor Hamann - Roland introduced Tim Burke who was appointed to the Planning Commission on March 12, 1998, and has earned a length of service award. She presented a marble apple clock, for six years of service, to Mr. Burke and the Council congratulated him. Arthur Zimmerman, of the Traffic Safety Advisory Committee, was also present and acknowledged for his volunteer service on that committee. CONSENT AGENDA MOTION: of Bergman , seconded by G rendahl , adding appr oval of an oversize vehicle permit, deleting consideration of Project 03 - 240 for this meeting, and approving all remaining items on the consent agenda . Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman , seconded by G rendahl , approving the min utes of the regular meeting of June 10 th , 200 4 , as written. Ayes - 5 - Nays - 0 . CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 2 Resolution No. 2004 - 124 MOTION: of Bergman , seconded by G rendahl , adopting accepting, with thanks, the donation of $700.00 from Action Plus Sign Company toward signage for N ational Night Out event s . Ayes - 5 - Nays - 0. Resolution No. 2004 - 125 MOTION: of Bergman , seconded by G rendahl , adopting accepting, with thanks, the donation of $500.00 from Dakota Electric Association toward sponsorship of the Youth Safety Camp. Ayes - 5 - Nays - 0. Resolution No. 2004 - 126 MOTION: of Bergman , seconded by G rendahl , adopting accepting, with thanks, the donation of T - shirts, valued at $1,252.80 , from Apple Valley McDonalds for the 4th of July Fun Run. Ayes - 5 - Nays - 0. MOTION: of Be rgman, seconded by Grendahl, approving use of City streets for the July 4, 2004, Apple Valley Freedom Days parade ; authorizing temporary closure of certain streets, beginning at 11:00 a.m. ; and approving helicopter landing in Hayes Park on July 3, 2004; as requested in the Recreation Supervisor’s memo dated June 21 , 200 4 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a Special Permit for Exemption from Statutory Road Restrictions for Vehicles of Excessive Weight to t he Fort Snelling Military Museum for participation in the parade on July 4, 2004, as attached to the Public Works Director’s memo dated June 24, 2004, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, sec onded by G rendahl , authorizing issuance of a 2004 Coin - Operated Amusement Device License to Granada Coin Laundry, 14835 Granada Avenue. Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 2 7 MOTION: of Bergman , seconded by G rendahl , adopting a uthorizing disposing of two surplus Hurst Tools by selling one to the Winona Fire Department, for $1, 000 .00, and one to the Goodview Fire Department, for $1, 100.00 , with proceeds used toward support of the Automated External Defi brillator (AED) program . Ayes - 5 - Nays - 0. Resolution No. 2004 - 128 MOTION: of Bergman, seconded by Grendahl, adopting authorizing application for a Development Grant, in the amount of $3,080,000, through the Livable Communities Demonstration Program for a parking structure in the Harmony Commons Ce ntral Block Mixed Use Project and authorizing the City Administrator to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , approving a Subrecipient CDBG Grant Agreement with the Community Housing Development Corp oration (CHDC) for Haralson Apartments (formerly Lebanon Valley Place), on Lot 2, Block 1, Legacy CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 3 of Apple Valley 2nd Addition; as attached to the Community Development Director ’s memo dated June 21 , 2004, and authorizing the Mayor and City Clerk to sign t he same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Community Development Block Grant Manufactured Home Replacement Program Administrative Guidelines, on which the CDA will evaluate applications for participation in the progr am ; as attached to the Community Development Director’s memo dated June 21, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an assignment of Development Agreement for The Legacy of Apple Valley North to Marshall Investments Corporation, as described in the Community Development Director’s memo dated June 18, 2004 and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the process to rough grade/mine City property, at the northwest corner of 160th Street and Pilot Knob Road, in connection with the Pilot Knob Road construction project; including setting a public hearing before the Planning Commission to consider “SG” rezoning and a cond itional use permit for sand and gravel mining , and preparation of plans and specifications regarding mining of aggregate material on the property ; as described in the Community Development Director’s memo dated June 21, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , approving a height variance to allow construction of a house at a height of 40 feet on Lot 1 2 , Block 1 , Seasons on the Park (1 2518 Empress Court ), as recommended by the Planning Commission . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving acquisition of a Ponding and Drainage Easement on parts of Lots 8 and 9, Block 1, Lebanon Hills 1st Addition, in connection with Project 02 - 233, and authorizing payment of $3,700.00 to Gordon and Melanie Wigdahl, as attached to the City Engineer’s memo dated June 18, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , approving Change Order No. 3 to the contract with Richard Knutson, Inc., for Project 01 - 164, Legacy of Apple Valley Utility and S treet Improvements, in the amount of $37,800.00 for Legacy Park sidewalk installation . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 4 MOTION: of Bergman , seconded by G rendahl , a ccepting F ire Stations No. 2 and 3 Additions /Remodeling as final and authorizing final payment on the c ontract with Arkay Construction Company , in the amount of $2, 000 .00 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , a pproving an Agreement with ABM Equipment & Supply, Inc., for Sewer Televising Camera Installation and Van Setup, in the a mount of $12,200.00, as attached to the Public Works Superintendent’s memo dated June 24, 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , a ccepting the Update to the Risk Man agement Plan for the Water Treatment Plant, in accordance with EPA regulations, as described in the Public Works Superintendent’s memo dated June 24, 2004 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , a pproving the Short - Term Disability Plan Document effective January 1, 1995, and Amended and Restated July 1, 2004, as attached to the Human Resources Manager’s memo dated June 21, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, se conded by G rendahl , approving an Independent Contract Agreement for Liquor Management Services with Bonnie Shea , for the period July 12 to September 30, 2004; as att ached to the City Administrato r’s memo dated June 21 , 2004, and authorizing the Mayor and C ity Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G rendahl , approving hiring the part - time and seasonal employees as listed in the Personnel Report dated June 24 , 200 4 . Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 4TH OF J ULY CELEBRATION Pat Schesso, Freedom Days Committee and Parade Chair, described activities planned for this year’s July 4th celebration, with the theme “Spirit of America”, and invited everyone to attend. A brochure listing activities occurring during th e week was distributed to homes last week. On July 4th, the parade starts, at 1:00 p.m., at Pennock Avenue and Fireside Lane and ends at Apple Valley High School. Pre - fireworks entertainment begins at 6:00 p.m., at Johnny Cake Ridge Park, and the evening concludes with a fireworks display, at 10:00 p.m. The Council thanked her and the Committee for all the work they put into the celebration. CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 5 Resolution No. 200 4 - 1 29 MOTION: of G oodwin , seconded by Erickson , adopting proclaiming July 4, 200 4 , as “The 3 8 th Annual Apple Valley 4th of July Freedom Days Celebration” and encouraging citizens to support and participate in the community - wide celebration. Ayes - 5 - Nays - 0. PROJECT 03 - 239, GALAXIE AVENUE RECONSTRUCTION Mayor Hamann - Roland called the public he aring to order, at 8:20 p.m., to consider Project 03 - 239, Galaxie Avenue Reconstruction from 100 Feet North of 151st Street to 100 Feet North of 157th Street, and noted receipt of the affidavit of publication of the hearing notice. Mr. Fick reviewed the p reliminary engineering report dated May 10, 2004, describing the project. It will be financed by a combination of Municipal St a te Aid funds and special assessments to Harmony Commons and Legacy North. The Mayor asked for questions or comments from the Co uncil and the public. There were none and the hearing was declared closed at 8:23 p.m. Resolution No. 2004 - 1 30 MOTION: of Grendahl, seconded by Erickso n, adopting orderin g installation of Project 03 - 239, Galaxie Avenue Reconstruction from 100 Feet North of 151st Street to 100 Feet North of 157th Street . Ayes - 5 - Nays - 0. PROJECT 03 - 238, HARMONY COMMONS IMPROVEMENTS Mayor Hamann - Roland called the public hearing to order, at 8:24 p.m., to consider Project 03 - 238, Harmony Commons Utility and Street Imp rovements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Fick reviewed the preliminary engineering report dated May 6, 2004, describing the project. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:27 p.m. Resolution No. 2004 - 131 MOTION: of Bergman, seconded by Goodwin, adopting ordering installation of Project 03 - 238, Harmony Commons Utility and Street Improvements. Ayes - 5 - Nays - 0. P ROJECT 02 - 196, LEGACY NORTH IMPROVEMENTS Mayor Hamann - Roland called the public hearing to order, at 8:28 p.m., to consider Project 02 - 196, Legacy of Apple Valley North Utility and Street Improvements, and noted receipt of the affidavit of publication of t he hearing notice. Mr. Fick reviewed the preliminary engineering report dated May 11, 2004, describing the project. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:30 p. m. Resolution No. 2004 - 132 MOTION: of Grendahl, seconded by Erickson, adopting ordering installation of Project 02 - 196, Legacy of Apple Valley North Utility and Street Improvements. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 6 HILLCREST ACRES EASEMENT VACATION Mayor Hamann - Ro land called the public hearing to order, at 8:31 p.m., to consider vacating easements on Lots 3 and 4, Block 1, Hillcrest Acres; and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated June 21, 2004, d escribing the proposal to consolidate Lots 3 and 4 necessitating the vacation. Replacement easements will be provided on the new plat of Hillcrest Acres 3rd Addition . The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8: 35 p.m. Resolution No. 2004 - 13 3 MOTION: of G oodwin , seconded by Erickson, adopting completing vacation of all drainage and utility easements on Lots 3 and 4, Block 1, Hillcrest Acres, and authorizing recording the necessary documents . Ayes - 5 - Nays - 0. Resolution No. 2004 - 134 MOTION: of Grendahl, seconded by Bergman, adopting approving the final plat of Hillcrest Acres 3rd Addition, waiving the requirement for a development agreement, and authorizing the M ayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. COBBLESTONE LAKE 3RD ADDITION EASEMENT VACATION Mayor Hamann - Roland called the public hearing to order, at 8:36 p.m., to consider vacating easements on 21 lots in Cobblestone Lake 3rd Addition; and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated June 21, 2004, describing the proposal to replat the 21 lots into 18 new lots necessitating the vacation. Utility companies had sent letters obj ect ing to the vacation s due to the cost of relocating their existing lines to new easements. Replacement easements will be provided on the new plat of Cobblestone Lake 4th Addition. Tradition Development has now submitted a letter stating it will pay for the cost of all utility relocations allowing the plat to proceed. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8: 4 3 p.m. Resolution No. 2004 - 13 5 MOTION: of G rendahl , seconded by Bergman , adop ting completing vacation of all drainage and utility easements on Lots 7 - 14, 16 - 21, and 21 - 31 , Block 3 , Cobblestone Lake 3rd Addition , and authorizing recording the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2004 - 13 6 MOTION: of Erickson , se conded by Grendahl , adopting approving the final plat of Cobblestone Lake 4th Addition, subject to conditions for utility relocation as recommended by the Planning Commission; waiving the requirement CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 7 for a development agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. SALE OF CITY - OWNED PROPERTY ADJACENT TO WALLACE PARK M s. Dykes reviewed her memo dated June 21 , 2004, describing the request of Bart Porter to purchase City - owned property nort h of 138th Street and west of future Gossamer Way in conjunction with development of the Erickson, Radichel, and Andersen properties. The request was tabled at the June 10, 2004, for additional information on significant trees on the site. The Natural Re sources Coordinator reviewed a tree inventory of the site and determined that there are 109 significant trees on both parcels A and B identified in the request. It is estimated that 90 of the 109 trees would be lost if the entire 2.1 acres is developed. If only parcel A is developed approximately 34 of the 43 trees on that site would be lost. The portion of the site needed for extension of G ossamer Way contains 10 trees and all would be lost. The Council discussed the report and stated a preference for keeping the entire site as park, but allowing Gossamer Way to be constructed along the east end. Councilmember Grendahl said if the determination is made to keep all the property as parkland, it should be designated as such so the issue does not have to b e addressed again . MOTION: of Bergman , seconded by Erickson , directing that a public hearing be set before the Planning Commission , on July 14, 2004, to consider rezoning City - owned prope rty north of 138th Street at future Gossamer Way (Wallace Park) for p ark designation excep t for a 20 - foot wide strip along the east side for street right - of - way . Ayes - 5 - Nays - 0. AMERICAN LEGION OPEN AIR PAVILION & PLAT M r. Lovelace reviewed the Planning Commission recommendation on a conditional use permit allowing the American Legion to construct a 1,944 square - foot open air pavilion in the southeast corner of its property, at 14521 Granada Drive. The structure is allowed as an accessory use in an LB zone and City Code Section 155.092(L) defines the conditions. A landscape plan will be submitted as part of the building permit application. The American Legion now operates on six existing lots of record and those lots will be consolidated into one lot in a new plat . Resolution No. 2004 - 13 7 MOTION: of Goodwin , seconded by Bergman , adopt ing a pproving the final plat of American Legion Post 1776 Addition (replat of Lots 11 - 16, Block 2, Valley Commercial Park 2nd Addition), waiving the requirement for a development agreement, and authorizing the Mayor and City Clerk to s ign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 138 MOTION: of Grendahl , seconded by Erickso n, a dopting approving a Conditional Use Permit for Apple Valley American Legion Post 1776 to allow CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 8 construction of an open air pavilion as an accessory use on Lot 1, Block 1, American Legion Post 1776 Addition, with conditions as recommended by the Planning Commission . Ayes - 5 - Nays - 0. ELECTRICITY FRANCHISE ORDINANCE Mr. Heuer gave the second reading o f an ordinance granting a new 20 - year electricity franchise to Dakota Electric Association as attached to his memo dated June 24 , 2004. It w il l replace the previous franchise, which r uns through June 30, 200 4 . The new franchise defers to the public right - of - way management chapter of the City Code that a ddresses issues regarding permitting, restoration, inspection regulations , and liability. The new franchise also allows the City to impose a damage fee for unreasonable delay of its contractors by Dakota Electric Association related to right - of - way excava tions, facility relocation, restoration, etc. Unless a future franchise fee is imposed for a specific project, the future would also be imposed on other energy suppliers providing service within the City . As part of the new franchise an ordinance reinsta ting the existing franchise fees that went into effect in 1995 is also required. Greg Miller, of Dakota Electric , was present and thanked the City for working with them on this new franchise . Ordinance N o. 7 53 MOTION: of Erickso n, seconded by G rendahl , passing amending Chapter 119 of the City Code by granting a new 20 - year, nonexclusive, franchise to Dakota Electric Association to construct, operate, repair, and maintain facilities and equipment for trans mission and sale of electricity for public and priv ate use in the City. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 754 and passing restating the franchise fees for Dakota Electric Association, under City Code Chapter 119, at two percent of gross on each account not to exceed $25.00 per month. Ayes - 5 - Nays - 0. ORDINANCE AMENDMENTS RELATED TO SWIMMING POOLS M s . Bodmer gave the second reading of a n ordinance amending City Code Sections 155.003 and 155.352 regarding swimming p ool definitions and fencing requirements as attached to her memo dated June 18 , 2004. Following the first reading, the Council asked for information on whether fencing similar to that used on trampolines could be used for temporary pools. She showed phot ographs of these enclosures and said there doesn’t appear to be any effective way to attach it to temporary pools. Ms. Bodmer said she had been asked about what alternatives there might be to allow temporary pools deeper than 24 inches without a fence. H er memo included comparisons of other cities requirements . The Planning Commission considered th e temporary pool issue and recommended CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 9 they be fenced. Councilmember Bergman said he agrees with the requirement for a four - foot high fence for in - ground and above - ground permanent pools, but any temporary pool under 42 inche s in depth should not require a fence. Councilmember Goodwin said pools are an attractive nuisance in neighborhoods and there has to be some way of keeping toddlers from getting into them. He asked if there is some type of temporary fencing that could be used. He would like more information on other types of fence or barrier options. Mayor Hamann - Roland asked if there are any requirements that insurance companies have for pools. Council member Bergman said his company advised that if the ladder is taken out of a temporary pool it would be considered acceptable. Ms. Bodmer said another issue with the temporary pools is that many of them have soft sides. If a person tried to climb the sid e with the ladder removed, the weight would cause the water to spill over the side onto the person. Mr. Lawell said any of the options, including fencing, for securing a pool will work, but they rely on homeowners to either lock the gate, remove the ladde r, etc. He showed advertisements of some of the various sized pools being discussed. The Council discussed code enforcement issues relating to any regulations proposed and what type of permits might be needed. Councilmember Grendahl said it appears that one issue in agreement is reducing the height of required fences to four feet. Mr. Dougherty noted that there is nothing in current language that requires a fence to be permanent. It does require the Building Inspector to approve the plans prior to inst allation. Mayor Hamann - Roland suggested amending the fence height requirement now and consider further amendments at the next meeting. Mr. Dougherty noted that changing only the fence height requirement would mean that it still applies to all pools over 18 inches in depth or with a capacity of over 1,000 gallons . Ordinance No. 755 MOTION: of Erickson, seconded by Grendahl, passing amending City Code Section 155.352(A) by requiring a minimum 48 - inch high (rather than six - foot high), unclimbable fence, res tricting access around swimming pools or around the tract of land where the pool is located . Ayes - 5 - Nays - 0. LEGACY 2ND ADDITION ASSIGNMENT MOTION: of Goodwin, seconded by Erickson, approving an assignment of Development Agreement for Lot 2, Block 1, The Legacy of Apple Valley 2nd Addition, to the Dakota County Community Development Agency, as described in the Community Development Director’s memo dated June 24, 2004 and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 24, 2004 Page 10 F A RMERS MARKET OPENING Mr. Lawell reminded the Council that the Farmers Market in the Municipal Center parking lot will open at 7:00 a.m. on June 26, 2004. A ribbon cutting will be held at 8:00 a.m. It will run from 7:00 a.m. to 1:00 p.m. on Saturdays during the summer. COMMUNICATIONS & CALENDAR The Council received a memo dated June 21 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman , seconded by Goodwin , to pay the claims and bills, check registers d ated June 17 , 200 4 , in the amount of $ 3,512,120.16 ; and June 23 , 200 4 , in the amount of $ 990,278.36 . Ayes - 5 - Nays - 0. MOTION: of Erickson , seconded by Bergman , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10 : 12 o’clock p.m.