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HomeMy WebLinkAbout07/22/2004CITY OF APPLE VALLEY Dakota County, Minnesota Ju ly 22 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Ju ly 22nd , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Roland; Councilmembers Bergman, Goodwin , and Grendahl . ABSENT: Councilmember Erickson. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick , Ass oc iat e Planner Bodmer, Associate Plan ner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, and Human Resources Manager Strauss . Mayor Hamann - Roland called the meet ing to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag . APPROVAL OF AGENDA MOTION: of Grend ahl , seconded by Bergman , approving the agenda for tonight’s meeting as amend e d . Ayes - 4 - Nays - 0. AUDIENCE Mayor Hamann - Rolan d 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 G rendahl , seconded by Goodwin , adding a resolution concerning enforcement of vehicle noi se laws to the consent agenda , and approving all items on the consent agenda . Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of G rendahl , seconded by Goodwin , approving the minutes of the regular meeting of Ju ly 8 th , 200 4 , as written. Ayes - 4 - Nay s - 0 . Resolution No. 2004 - 1 42 MOTION: of G rendahl , seconded by Goodwin , adopting a ccepting, with thanks, the donation of a $30.00 gift pack and supplies from Archiver’s of Apple Valley for use at a National Night Out scrap booking contest . Ayes - 4 - Na ys - 0. Resolution No. 2004 - 143 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of flashlights from the Minnesota Department CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 2004 Page 2 of Public Safety Office of Traffic Safety for use by the Police Department. Ayes - 4 - Na ys - 0. Resolution No. 2004 - 14 4 MOTION: of G rendahl , seconded by Goodwin , adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks Unlimited for use on September 1 5 , 2004, at Apple Valley A merican Legion, 14521 Granada Drive , and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a change in manager for Bilimbi Bay Minnesota, LLC, d/b/a Bilimbi Bay, in connection with the On - Sale Liquor License at 14889 Florence Trail, naming Steven P. Maxon as General Manager; as described in the City Clerk’s memo dated July 19 , 2004. Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by Goodwin , approving a Contract with the City of Ro semount for Use of its Fire Safety House on August 12 and October 5, 6, and 7, 2004 ; as attached to the Fire Chief ’s memo dated Ju ly 15 , 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded b y Goodwin, authorizing temporary on - site vehicle parking, on an unpaved area north of the building, at Greenleaf Elementary School for special school functions on September 9, 13, and 23; October 20 and 29; November 24; and December 21 and 22, 2004; and Fe bruary 14; April 28; May 6 and 19; and June 2, 2005; as recommended in the Police Chief’s memo dated July 16, 2004. Ayes - 4 - Nays - 0. Resolution No . 2004 - 145 MOTION: of G rendahl , seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on August 26, 2004, to consider vacating easements on Lot 3, Block 1, Apple Valley Industrial Park 3rd Addition; and Lot 2, Block 1, Apple Valley Industrial Park 4th Addition . Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by Goodwin , approving reducti on of financial guarantees for: Apple Valley Retail NRMP, from $2,125.00 to 0; Hillcrest Acres Lots 1 & 2 NRMP, from $3,562.50 to 0; and Palomino East Apartments, from $44,225.00 to 0 . Ayes - 4 - Nays - 0. Resolution No. 2004 - 14 6 MOTION: of G rendahl , seconded by Goodwin , adopt ing approving plans and specifications for Project 03 - 2 32 , Miscellaneous Utility and Storm S ewer Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 19, 2004 . Ayes - 4 - Nays - 0. MOTION: of G ren d ahl , seconded by Goodwin , approving Change Order No. 2 to the contract with McNamara Contracting , Inc ., for Project 0 3 - 245, 2004 Street CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 2004 Page 3 Maintenance Program , in the amount of an additional $ 7 , 408 .00 for Legacy Park sidewalk . Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by Goodwin , approving Change Order No. 3 to the contract with McNamara Contracting, Inc., for Project 03 - 245, 2004 Street Maintenance Program, in the amount of an additional $ 56,349.50 for overlay of pathways in Moeller Park . Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by Goodwin , a ccepting Residing of Delaney and Hagemeister Park Shelter Buildings as final and authorizing final payment on the contract with Top Line Construction & Roofing, LLC, in the amount of $15,663.50 . Ay es - 4 - Nays - 0. MOTION: of G rendahl , seconded by Goodwin , approving the Fire Chief’s appointment of Nealon Thompson as Deputy Fire Chief, as recommended in the Fire Chief’s memo dated July 16, 2004 . Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by Goodwin , approving hiring Shane Klokonos as a Police Officer as listed in the Personnel Report dated July 22 , 2004. Ayes - 4 - Nays - 0. Resolution No. 2004 - 147 MOTION: of G rendahl , seconded by Goodwin , adopting stating that the City will enforce Stat e vehicle noise statutes and requesting authorization from MnDOT to place “Vehicle Noise Laws Enforced” signs on Cedar Avenue . Ayes - 4 - Nays - 0. END OF CONSENT AGENDA WALLACE PARK COMPREHENSIVE PLAN AMENDMENT Ms. Dykes reviewed her memo dated July 1 6, 2004, concerning the Planning Commission’s recommendation on a Comprehensive Plan amendment and rezoning of 4.9 acres of City - owned property containing Wallace Park and property east of it. The purpose is to designate the entire site as park except for a strip of land on the east for extension of future Gossamer Way. After the Metropolitan Council approves the Comprehensive Plan amendment, action on rezoning will be brought back to the Council. Councilmember Grendahl said retaining this property for p ark purposes makes it consistent with the policy of five - acre neighborhood parks . Resolution No. 2004 - 148 MOTION: of Grendahl , seconded by Bergman, adopting submitting an amendment to the Land Use Guide Map of the Comprehensive Plan to the Metropolitan Co uncil changing the designation of property north of 138th CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 2004 Page 4 Street and east of Pennock Avenue from “LD” ( Low Density Residential) to “P” (Park), as recommended by the Planning Commission . Ayes - 4 - Nays - 0. TOUSIGNANT DECK VARIANCE Ms. Bodmer reviewed t he Planning Commission’s recommendation on a request for a setback variance to construct a deck on property at 13465 Pilot Knob Road. The site is in the Shoreland Overlay zoning district requiring a 75 - foot setback from the ordinary high water mark of Lon g Lake, however the house was constructed prior to the zoning and is already within the setback. The deck was removed last year and the request is to replace it with an 835 square - foot deck set back seven feet from the ordinary high water mark. Pat Lynch , of the Department of Natural Resources (DNR) , reviewed the proposal and recommended allowing a two - level, 568 square - foot deck set back nine feet from the ordinary high water mark. He also expressed concern about the amount of pavers proposed under the deck and whether the landscaping will help to filter runoff. Ms. Bodmer reviewed conditions for the variance to implement the recommendation. Linda Tousignant, the property owner, submitted a revised deck plan tonight showing a two - level, 568 square - foot deck th at conforms to the DNR recommendation. She was present and acknowledged that placement of pavers will be limited to the area under the deck and that a Natural Resources Management Permit will be required prior to any earthmoving activities or inst allation of pavers. The Council thanked Ms. Tousignant for agreeing to the compromise. MOTION: of G oodwin , seconded by Bergman, granting a setback variance to allow construction of a 568 square - foot deck to within nine feet of the ordinary high water mar k of Long Lake on Lot 17, Knottywoods (13465 Pilot Knob Road), subject to limiting pavers to the area under the deck, planting the area not covered with pavers with low maintenance wetland or prairie grass seed mix to filter and infiltrate storm water, and application and approval by the Council of a Natural Resources Management Permit prior to any earthmoving activities or installation of any pavers . Ayes - 4 - Nays - 0. PLANNING COMMISSION RESIGNATION Mr. Lawell reviewed the memo dated July 22, 2004, a dvising that Alan Duff has submitted his resignation from the Planning Commission effective immediately. MOTION: of Grendahl, seconded by Goodwin, accepting, with regret, the resignation of Alan Duff from the Planning Commission , dated July 18, 2004, effe ctive immediately , and thanking him for his service. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 22, 2004 Page 5 MOTION: of Bergman, seconded by Goodwin, directing Staff to publicize that applications for the vacant position on the Planning Commission will be accepted until September 10 , 200 4 , with appointment considered at the meeting of September 23 , 2004. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Bergman commented on the Vermillion River Watershed public meeting held July 19, 2004, and issues concerning water quality. He asked Staff to prepare information on what Apple Valley has done to implement best practices in storm water management for presentation to the Vermillion River Watershed Planning Commission. Councilmember Grendahl asked about restrictions on use of ph osphorus fertilizer. Mr. Lawell said its use is now prohibited unless there is a demonstrated soil deficiency or a new lawn. She said there probably needs to be some additional education for both businesses selling fertilizer and homeowners about limitin g its use . Mayor Hamann - Roland congratulated Valleywood Golf Course on receiving a three and one - half star rating by “Golf Digest”. The Council received a memo dated Ju ly 19 , 200 4 , with a calendar listing upcoming events. It was noted that the ribbon cu tting ceremony for Cold Stone Creamery, scheduled for July 23rd, has been postponed to a date to be determined. CLAIMS AND BILLS MOTION: of Goodwin , seconded by Bergman , to pay the claims and bills, check registers dated Ju ly 1 5 , 200 4 , in the amount of $ 806,328.05 ; and Ju ly 22 , 200 4 , in the amount of $ 13,029,066.98 . Ayes - 4 - Nays - 0. MOTION: of G oodwin , seconded by Grendahl , to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8 : 3 9 o’clock p.m.