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HomeMy WebLinkAbout01-13-05CITY OF APPLE VALLEY Dakota County, Minnesota January 13, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 13th, 2005, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Grendahl. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerks Mueller and Gackstetter, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss. City Clerk Mueller administered Oaths of Office to Councilmember Grendahl, who was elected November 2, 2004, for a four-year term expiring December 31, 2008, and incoming City Clerk Gackstetter. Mayor Hamann-Roland called the meeting to order at 8:05 p.m. Everyone 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 meeting as presented. 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Bergman, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting of December 21st, 2004, as written. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the minutes of the special meeting of December 30th, 2004, as written. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-1 accepting, with thanks, the donation of $2,000.00 from Sam’s Club Foundation, for use by the Fire and Police Departments toward the Public Access Defibrillator program. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-2 accepting, with thanks, the donation of cash and prizes from various businesses and organizations for the Mid-Winter Fest Celebration. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-3 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8 Voiture 1457, for use on March 17, 2005, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolutions No. 2005-4, 2005-5, and 2005-6 approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley Sons of American Legion, Squadron 1776, for use on February 12, April 9, and July 4, 2005; respectively, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-7 designating Apple Valley Thisweek as the official newspaper of the City for the year 2005. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-8 designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2005 and accepting its deposit collateral. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-9 designating as additional depositories for City funds for the year 2005: US Bancorp of Minneapolis; Wells Fargo Bank; Northland Securities, Inc.; Dain Bosworth, Inc.; Edward D. Jones & Co.; Harvestons Securities, Inc.; Anchor Bank; Robert W. Baird & Co., Inc.; Brookstreet Securities; Morgan Stanley; and Piper Jaffray. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-10 appointing Northland Securities, Inc., as the City’s bond consultant for the year 2005. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, authorizing applications to OSHA for matching safety grants in the amounts of $9,595.60 and $7,926.29 as submitted by the Utilities and Parks Maintenance Divisions, respectively, and attached to the Public Works Superintendent’s memo dated January 13, 2005. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving a setback variance to allow construction of a vestibule on a house to within 17 feet of the front lot line on Lot 9, Block 8, Greenleaf 6th Addition (5647 West 136th Street), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-11 setting a public hearing on February 24, 2005, at 8:00 p.m., to consider vacating a portion of 153rd Street between Garrett and Galaxie Avenues. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the reduction of financial guarantees for Seasons on the Park from $21,250.00 to $10,625 and Wensmann 13th Addition from $644,050.00 to $460,000.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, authorizing payment of $4,732.96 to Deryl and Jean Carson for storm sewer easement on Lot 6, Block 1, Lapaz Addition, in connection with Project 03-234 in the amount of $4,732.96. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-12 approving specifications for 2005 Mowing and Trimming Maintenance Services on Various Properties and authorizing advertising for receipt of bids, at 2:00 p.m., on February 2, 2004. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the agreement with CNH Architects for Fire Alarm Architectural Services, as attached the Assistant City Administrator’s memo dated January 13, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the agreement with Elert & Associates for Fiber Optic Network Design Services, as attached to the Assistant City Administrator’s memo dated January 13, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2005-13 amending rates charged for consultant services in development deposit agreements and assessment projects. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the contract with Dakota County for use of Sentenced to Service Program Work Crews for 2005, as attached to the Park Maintenance Superintendent’s memo dated January 6, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2004-14 approving the land surveyor’s Certificate of Correction to the plat of Cobblestone Lake 3rd Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2004-15 rescinding Resolution No. 1988-219 and establishing an Employee Service Recognition Program. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving hiring of 13 new firefighters as listed in the Fire Chief’s memo dated January 7, 2005. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving hiring Nova Larson to the full-time position of Maintenance Worker as listed in the Personnel Report dated January 13, 2005. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA PROCLAMATION SUPPORTING ASIAN TSUNAMI RELIEF EFFORTS. Francois Paradeise, of Enjoy! Restaurant, described the efforts underway in Apple Valley supporting tsunami relief and encouraged citizens and businesses to join in the effort. Councilmember Erickson read the proclamation. The Mayor thanked Enjoy! and Anchor Bank for their commitment to this effort. MOTION: of Erickson, seconded by Bergman, proclaiming support for local contributions towards tsunami relief efforts in South Asia, and additional community fundraising efforts being planned for January and February. Ayes - 4 - Nays - 0. PROCLAMATION FOR JANUARY AS “NATIONAL MENTORING MONTH” Rita Younger, Program Coordinator for Kids 'n Kinship, commented on the organization's purpose to provide friendships to children, ages 5 to 16, who are in need of a positive adult role model. With January being "National Mentoring Month", they are publicizing the need for adult volunteers. Lisa and DeAndre Larson described the benefits they have personally received from participating in this program. MOTION: of Grendahl, seconded by Erickson, proclaiming January 2004 as National Mentoring Month. Ayes - 4 - Nays - 0. AMENDMENT TO NRMP FOR NEW HOUSE AT 7272 - 130TH STREET WEST Ms. Bodmer reviewed the Planning Commission’s recommendation regarding Dennis Merillat’s request to allow construction of an 88-foot wide home with a 12-foot deep backyard at 7270 – 130th Street West (Lot 1, Block 1, Cedar Knolls 2nd Addition). The home is 28 feet wider and the backyard is 2 feet deeper than what was originally approved with the subdivision Natural Resources Management Permit (NRMP). Consequently, an amendment to the NRMP is required. She further stated the Planning Commission recommended approval of the amendment to the NRMP with ten conditions as detailed in her memo dated January 13, 2005. After preparation of staff’s report, two trees on this property were marked for oak wilt. Ms. Bodmer suggested Council may want to incorporate the removal of the diseased trees, with any approval the Council may grant. MOTION: of Erickson, seconded by Grendahl, approving the amendment to the Natural Resources Management Permit for Lot 1, Block 1, Cedar Knolls 2nd, to allow for the construction of an 88-foot wide home with a 12-foot deep backyard as shown on the plans and with the conditions identified by the Planning Commission, with the addition of an eleventh condition requiring the two trees identified with oak wilt be removed before any grading begins. Ayes - 4 - Nays – 0. FISCHER SAND & AGGREGATE, LLP, COMMERCIAL EXTACTION PERMIT Mr. Kelley reviewed his memo dated January 10, 2005, regarding Fischer Sand & Gravel’s annual excavation permit and mining operations. Fischer intends to mine right up to the right of way along Pilot Knob Road in order to facilitate the lowering of the road. Due to the aggressive schedule of this project, Fischer received permission in 2004 to operate the pit on the east side of Pilot Knob Road on Saturdays from 7:00 a.m. to 5:00 p.m. In addition, the contractor working on the I-494 reconstruction project received permission to operate Monday through Saturday from 6:00 p.m. to 5:00 a.m. from this same pit. They run approximately 20 to 25 trucks nightly to haul materials. The Minnesota Department of Transportation is often requiring nighttime construction of major freeway projects in order to minimize disruption to the public. As a result, the extended Saturday operating hours and nighttime hauling hours approved in 2004 are being requested as part of the 2005 Commercial Extraction Permit. Mayor Hamann-Roland stressed the importance of keeping our roads safe and clean and noise to a minimum and thanked John Ericson and Fischer Sand & Gravel for their partnership and quick response to concerns. MOTION: of Grendahl, seconded by Bergman, approving the application for renewal of commercial extraction permit by Fischer Sand and Aggregate, LLP, for 2005. Ayes - 4 - Nays – 0. MOTION: of Grendahl, seconded by Bergman, approving Resolution No. 2004-16 approving nighttime hauling hours for the 2005 construction season for the annual excavating permit for Fischer Sand & Aggregate, LLP, and attaching conditions thereto. Ayes - 4 - Nays – 0. ORDINANCE AMENDING REGULATIONS REGARDING LAND DEDICATION Mr. Kelley gave the first reading of an ordinance amending Chapter 153 of the City Code, which regulates the subdivision of land by establishing specific criteria for public land dedications, as described in his memo dated January 10, 2005. Due to a Supreme Court case decision regarding development exactions, a standard referred to as “proportionality” is now applied to park and pond exactions. Essentially, the amount of land exacted for a public purpose must be shown to directly relate to the demand created by each specific purpose. The proposed amendment would simply memorialize the City’s current policy into ordinance form, together with a few minor changes as recommended by the City Attorney’s office. The Council accepted the first reading. The second reading will be January 27, 2005. ORDINANCE AMENDING TOWING AND ABANDONED VEHICLES Police Chief Johnson gave the first reading of an ordinance amending City Code Section 71.19 to prohibit parking on public property for a period of more than 48 hours, unless a permit is issued by the City or the vehicle falls under the special exceptions to the 3:00 to 6:00 a.m. parking ordinance. Police officers attempt to locate owners of abandoned vehicles and ask them to remove them from public property. Towing is used only as a last resort. According to state statute, a police officer cannot have a vehicle towed for a parking violation until four hours have elapsed since the time of ticketing, unless it is considered a traffic hazard. Under the City’s current ordinance, it is impossible to reach the four-hour waiting period. The amendment would allow officers to tow a vehicle after 48 hours if they are unable to locate the vehicle’s owner or if the owner is unwilling or unable to remove it. The Council accepted the first reading. The second reading will be January 27, 2005. 2005 ACTING MAYOR MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2004-17 appointing Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor, for the year 2005. Ayes - 4 - Nays – 0. COMMUNICATIONS & CALENDAR Mayor Hamann-Roland announced, with much regret, the loss of Chris Carlson, one of the City’s seasonal employees and son of Julie Carlson, of the City’s Finance Department, due to an automobile accident on 160th Street on January 12th, 2005. We are all deeply saddened by the loss and our hearts and prayers go out to the Carlson family. In remembrance of Chris, a moment of silence was observed. Mayor Hamann-Roland stated the Council received an update regarding the MVTA park-and-ride overflow lot at the informal meeting. She said she hopes Watson’s may reconsider allowing MVTA riders to continue parking in their lot beyond the end of the month, at which time the agreement with Watson’s will expire. A flyer was distributed listing other park-and-ride locations. Councilmember Erickson thanked Councilmember Grendahl for the time and effort she has put forth in trying to resolve this parking issue. The Council received a memo dated January 10, 2005, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated January 5, 2005, in the amount of $348,056.54; and January 13, 2005, in the amount of $2,261,346.11. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:51 o’clock p.m.