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HomeMy WebLinkAbout08/12/2004CITY OF APPLE VALLEY Dakota County, Minnesota August 1 2 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 12th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Councilm embers Bergman, Erickson, Goodwin , and Grendahl . ABSENT: Mayor Hamann - Roland . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills , City Engineer Gordon , Finance Director Ballenger, A ss oc iat e Planner Bodmer , Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss . Acting Mayor Erickson 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 Grend ahl , seconded by Bergman , approving the agenda for tonight’s meeting as amend e d . Ayes - 4 - Nays - 0. AUDIENCE Acting Mayor Erickson ask ed 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 oodwin , seconded by Bergman , deleting consideration of a Natural Resources Management Permit at 13465 Pilot Knob Road from th is meeting , and approving all remaining items on the consent agenda . Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of G oodwin , seconded by Bergman , approving the minutes of the regular meeting of Ju ly 22nd , 200 4 , as written. Ayes - 3 - Nays - 0 (Erickson Abstained) . Resolutions No. 2004 - 149, 2004 - MOTION: of Goodwin, seconded by Bergman, adopting 150, 2004 - 151, 2004 - 152, 2004 - 153 and approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on September 11 and November 20, 2004; and January 8, March 12, and May 14, 2005; respectively, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 2004 Page 2 MOTION: of G oodwi n , seconded by Bergman , approving issuance of a Temporary On - Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion Post 1776 for use on September 18, 2004, at Fire Station No. 1 ; as described in the City Clerk’s memo dated August 9 , 2004. A yes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Apple Valley Firefighters’ Relief Association certification of its 2005 financial requirements for the special fund tax levy in 2005, in the amount of $180,000.00. Ayes - 4 - Nays - 0. Resolution No. 2004 - 154 MOTION: of G oodwin , seconded by Bergman, adopting appointing individuals listed in the resolution to serve as judges for the Primary Election to be held on September 14, 2004 , in the City . Ayes - 4 - Nays - 0. MOTION: of G o odwin , seconded by Bergman , a pproving the Joint Powers Agreement with Dakota County for the Wetland Health Evaluation Program , for the period January 1, 2004, through December 31, 2008; as attached to the Natural Resources Coordinator’s memo dated August 1 2, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. Resolution No. 2004 - 1 55 MOTION: of G oodwin , seconded by Bergman , adopting approving plans and specifications for Project 0 2 - 196, Legacy of Apple Valley North Utility and Str ee t Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 1 6 , 2004 . Ayes - 4 - Nays - 0. Resolution No. 2004 - 1 56 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Project 03 - 239, Galaxie Avenue Reconstruction Between 151st and 157th Streets, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 16, 2004. Ayes - 4 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , approving a contract with Classic P rotective Coatings, Inc. , for Valleywood Reservoir Overflow Repair, in the amount of $26,600.00; as attached to the Public Works Superintendent’s memo dated August 12, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 4 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , a ccepting Project 03 - 223, Nordic Reservoir Repainting, as final and authorizing final payment on the contract with Classic Protective Coatings, Inc., in the amount of $15,382.20 . Ayes - 4 - Nays - 0. MOTION: of G o odwin , seconded by Bergman , a pproving amendments to the Personnel Pay Plan and position classifications related to the positions of Payroll Coordinator, HR Technician , and HR Representative as described in the Human Resources Manager’s memo dated August 9, 2004 . Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 2004 Page 3 MOTION: of G oodwin , seconded by Bergman, app roving promotion of Lisa Reiten to the position of Accounts Payable Accountant as listed in the Personnel Report dated August 1 2 , 2004 . Ayes - 4 - Nays - 0. MOTION: of G oodwin , sec onded by Bergman , approving hiring the part - time and seasonal employees as listed in the Personnel Report dated August 1 2 , 2004. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER KLOKONOS Police Chief Johnson introduced newl y hired Police Officer Shane Klokonos to the Council. The City Clerk administered the oath of office to Officer Klokonos. Police Chief Johnson then presented him with his badge. The Council congratulated Officer Klokonos and welcomed him to his new posi tion. HAZELWOOD SUBDIVISION Ms. Bodmer reviewed the Planning Commission’s recommendation on the proposed Hazelwood Subdivision (13995 Diamond Path) located at the northwest corner of Diamond Path and 140th Street. The five - acre site is proposed to be re zoned to “R - CL” (Residential Cluster) and subdivided into six single family lots. Duluth Court will be extended from the west and terminate in a cul de sac serving all six lots. R - CL zoning is requested to allow front yard setbacks to be reduced to 25 fe et to preserve trees and natural features on the site. A drainage and utility easement will be dedicated over the north portion of Lots 1, 2, and 3 and include a storm water infiltration area. She reviewed the tree survey, tree loss , and replacement plan for the site. The overall mitigation will require 85 two - inch trees. It was noted that it may be difficult to plant 85 trees on the site, so the developer may plant larger caliper trees to meet the replacement requirements. The final tree count will be reviewed and approved in conjunction with the Natural Resources Management Permit . Ordinance No. 757 MOTION: of Grendahl, seconded by Bergman, passing rezoning Hazelwood, the five - acre site at the northwest corner of 140th Street and Diamond Path, from “ A” (Agriculture) to “R - CL” (Residential Cluster) as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2004 - 1 57 MOTION: of G oodwin , seconded by Grendahl , adopting approving the preliminary plat of Hazelwood subdivision (13995 Dia mond Path) with six CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 2004 Page 4 single family residential lots, as recommended by the Planning Commission . Ayes - 4 - Nays - 0. Resolution No. 2004 - 1 58 MOTION: of Grendahl , seconded by Bergman, adopting ordering preparation of a preliminary engineering feasibility r eport for Project 04 - 258, Hazelwood Addition Utility and Street Improvements . Ayes - 4 - Nays - 0. T EMPORARY TRAFFIC CALMING ON DIAMOND PATH M r. Heue r reviewed his memo dated August 12, 2004, concerning proposed temporary traffic calming measures on Dia mond Path between Pilot Knob Road and County Road 38. The Traffic Safety Advisory Committee ’s recommend ation (which was not unanimous) includ ed construction of a median west of Echo Lane , a median between Emmer Place and Edinborough Way, and chokers east of Ethelton Way. The installation would be temporary and considered an experiment just as that done on 138th Street west of Cedar Avenue . Acting Mayor Erickson said there a couple of problems with the timing of this request. The temporary traffic calmin g on 138th Street was recently installed and is still being evaluated. Due to the construction schedule, also requiring MnDOT approval, installation on Diamond Path could not happen until next year. He asked whether other changes to the timing of the sig nal at County Road 38 and Pilot Knob Road could be considered to reduce traffic turning right onto Diamond Path. Councilmember Grendahl asked if problems on the street relate to speed or volume of traffic. Mr. Heuer said both and the neighborhood’s perce ption of problems. T raffic studies s h ow t he 85th percentile of traffic speed at 34 to 35 miles per hour similar to speeding problems on other streets . The street ca n handle up to 8,000 trips per day and counts show approximately 3,500 per day at the west end and 2,400 trips per day at the east end indicating most of the traffic comes from within the neighborhood. Accidents have not been a problem on the street with o nly three min o r accidents been reported in the past four years. Councilmember Goodwin sa id he has heard comments from residents, both in favor of and opposed to the experiment, on 138th Street and is hesitant to move forward with another area until the results are reported. Mr. Heuer said the experiment on 138th Street is scheduled to end ar ound the e nd of October or early November. A report will be made to the Traffic Safety Advisory Committee after that time. Councilmember Bergman said he looked at the street and noted there are some areas where boulevard trees are missing that could have an effect on traffic. He is not sure if “chokers” have an a ffect on traffic or speed, but medians appear to work. However, he suggested residents look at the medians on 138th Street and the amount of signage required before the project is pursued . CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 2004 Page 5 Coun cilmember Grendahl said she does not have a problem with trying another traffic calming experiment but asked if there are other areas that might be coming in with similar request s . Mr. Heuer said he is not aware of any at this time. Councilmember Bergman asked what increase in traffic is expected in the future. Mr. Heuer said the volume is now about 3,500 trips per day and the 2020 projection is 4,000 trips per day. Traffic counts since 1999 show there has not been a noticeable increase even with develo pment of the Kelley Trust property to the east. Mike Traub, 12751 Diamond Path, spoke representing the neighborhood and said the y agree with referring the proposal back to the Traffic Safety Advisory Committee. Knowing that any installation would not be done until 2005, they are interested in pursuing any options available. The neighborhood generally supports the proposa l, but would like to see some modifications such as locations where parking would be restricted. They will involve the entire neighborh ood and make it aware of the discussions with the Traffic Safety Advisory Committee. The Council a s k ed that the Police Department be aware of neighborhoods like this where speeding is an issue and increase patrol. They also discussed whether some type of saturatio n plan could be developed for traffic law enforcement in these areas. MOTION: of Bergman , seconded by Goodwin , referring consideration of installation of temporary traffic calming measures on Diamond Path, between County Road 38 and Pilot Knob R oad, back to the Traffic Safety Advisory Committee for reevaluation after results of the traffic calming experiment on 138th Street are received . Ayes - 4 - Nays - 0. SET BUDGET REVIEW MEETING MOTION: of Grendahl, seconded by Bergman , setting a special informal meeting, at the Municipal Center, at 6:00 p.m., on August 26, 2004, for review of the proposed 2005 Budget . Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR Acting Mayor Erickson said several ash trees have been lost to disease in his neighborhoo d. He asked the Natural Resources Coordinator to provide information on damage to ash trees in the City by insects or beetles . The Council received a memo dated August 9 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 2004 Page 6 MOTION: of Bergma n , seconded by Grendahl , to pay the claims and bills, check registers dated Ju ly 29 , 200 4 , in the amount of $ 3,981,792.61 ; August 4, 2004, in the amount of $ 4 98,495.51; and August 11, 2004 , in the amount of $ 1, 132,703.57 . Ayes - 4 - Nays - 0. MOTION: of G rendahl , seconded by G oodwin , to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9 : 15 o’clock p.m.