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HomeMy WebLinkAbout05/08/2008 CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 8th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Grendahl, and LaComb. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Assistant Finance Director Broughten, Associate City Planner Dykes, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Public Works Director Blommel Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, 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. The Mayor presented Boy Scout Mike Ross from Troop 290 with the City pin. APPROVAL OF AGENDA MOTION: of Bergman, 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. Mr. Donald Hufnagle, 137 Garden View Drive, commented on the CityNews, stating it was very informative and well put together. The Apple Valley Seniors annual garage sale was publicized in the newsletter. However, he did not receive the newsletter until after the sale. Mr. Johnson responded that there is a very long lead time on the newsletter. In an effort to reduce costs, the CityNews is distributed as a bulk mailing. This gives the post office a 10 to 15 day window to distribute the newsletter. Depending on the mail delivery cycle, some homes may have received the newsletter after the sale. Most often the information contained within is not time critical to the first few days of the quarterly publication. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 2 MOTION: of Bergman, seconded by LaComb, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by LaComb, approving the minutes of the regular meeting of April 24, 2008, as written. Ayes - 4 - Nays - 0. Resolution No. 2008-81 MOTION: of Bergman, seconded by LaComb, adopting setting a public hearing on June 5, 2008, at 8:00 p.m., on the application for On-Sale and Sunday Liquor Licenses by Red Robins International, Inc., d/b/a Red Robin America’s Gourmet Burgers and Spirits. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, authorizing issuance of a party permit to Cory Jones, 13950 Herald Court, for a picnic at Alimagnet Park Pursuant to City Code Section 95.03 (G)(1), valid on July 14, 2008. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving a Fireworks Display Agreement with RES Specialty Pyrotechnics, Inc., to provide a fireworks display on July 4, 2008, at a total cost of $19,250.00, as attached to the Recreation Supervisor’s memo dated April 30, 2008; 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 Bergman, seconded by LaComb, approving an amendment to the Agreement with CNH Architects for Architectural Services for Liquor Store No., and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Joint Powers Agreement with the City of Burnsville for completing 2008 water quality projects in Lake Alimagnet as attached to the Natural Resources Coordinator’s memo dated May 8, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Joint Powers Agreement with the Dakota County and the City of Lakeville for Engineering, Construction, and Signal Revisions at Flagstaff Avenue and County Road 46 (160th Street W.), and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the 5-Year Equipment Lease Agreement with Western Finance & Lease, Inc., for a Ground Master 4700 4WD Mower with attachments and accessories, as attached to the Golf Course Manager’s memo dated May 1, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 3 Resolution No. 2008-82 MOTION: of Bergman, seconded by LaComb, adopting awarding the contract for Project 05-294, Wheaton Pond Storm Water Improvements, to Hennen Construction Company, the lowest responsible bidder, in the amount of $254,885.00. Ayes - 4 - Nays - 0. Resolution No. 2008-83 MOTION: of Bergman, seconded by LaComb, adopting awarding the contract Lac Lavon Picnic Shelter, to E. F. Anderson, Inc., the lowest responsible bidder, in the amount of $56,231.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the hiring of full time, part-time, volunteer, and seasonal employees, and the resignation of employees, as listed in the Personnel Report dated May 8, 2008. Ayes - 3 - Nays - 1 (Hamann-Roland). MOTION: of Bergman, seconded by LaComb, setting an informal meeting at 7:00 p.m., on May 22, 2008, at the Municipal Center, for the purpose of discussing the Public Works Director recruitment process. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER WEBER Police Captain Rechtzigel introduced newly hired Police Officer Jeff Weber to the Council. The City Clerk administered the oath of office to Officer Weber. Police Chief Johnson then presented him with his badge. The Council congratulated Officer Weber and welcomed him to his new position. 2008 SPECIAL ASSESSMENT ROLL 570 Mr. Ballenger described the Assessment Roll No. 570, totaling $163,437.11, for delinquent utility charges. This is the largest dollar amount since the City began assessing delinquent utilities. There are 626 parcels involved, which is almost twice the amount of parcels assessed in 2004. Fortunately, in the past, 100 percent of the assessed amount has been collected. He stated no written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8:15 p.m., on Special Assessment Roll No. 570 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:16 p.m. Resolution No. 2008-84 MOTION: of Grendahl, seconded by LaComb, adopting approving and levying 2008 Special Assessment Roll No. 570, delinquent utility charges, in the total amount of $163,437.11. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 4 2008 SPECIAL ASSESSMENT ROLL 569, 571, & 572 Mr. Ballenger described Assessment Roll Nos. 569, 571, and 572, totaling $208,992.00, for improvements for County Road 31 Storm Sewer/Broback Pond, Valley Oaks Estates, and Browning Center. He recommended removing Assessment Roll No. 570 in the amount of $1,122,687.00, from consideration this evening. No written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8:17 p.m., on Special Assessment Roll Nos. 569, 571, and 572 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:18 p.m. Resolution No. 2008-85 MOTION: of Bergman, seconded by LaComb, adopting removing consideration of Special Assessment Roll No. 570 and approving and levying 2008 Special Assessment Roll No. 569, 571, and 572, for improvements, in the total amended amount of $208,992.00. Ayes - 4 - Nays - 0. 2008 SPECIAL ASSESSMENT ROLL 573 Mr. Ballenger described Assessment Roll No. 573, totaling $3,700.00, for delinquent false alarm charges. The City is now assessing false alarms every six months. No written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8:21 p.m., on Special Assessment Roll No. 573 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:22 p.m. Resolution No. 2008-86 MOTION: of Bergman, seconded by Grendahl, adopting approving and levying 2008 Special Assessment Roll No. 573, delinquent false alarm charges, in the total amount of $3,700.00. Ayes - 4 - Nays - 0. 2008 SPECIAL ASSESSMENT ROLL 574 Mr. Ballenger described Assessment Roll No. 574, totaling $12,069.29, for delinquent mowing/snow removal charges. The City is now assessing delinquent mowing/snow removal charges every six months. When a property has a delinquent charge for mowing or snow removal, a flag is posted on the utility bill. This helps staff identify all delinquent charges when asked about a property. Although no written objections have been received, a concern was brought to his attention this evening on charges against one property. He recommended removing consideration of the assessment for property 01-16401-010-01 in the amount of $176.58. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 5 MOTION: of Bergman, seconded by LaComb, tabling consideration of the assessment for property 01-16402-010-01, in the amount of $176.58, from 2008 Special Assessment Roll No. 574, until May 22, 2008. Ayes - 4 - Nays - 0. Mayor Hamann-Roland called the public hearing to order, at 8:25 p.m., on Special Assessment Roll No. 574 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:26 p.m. Resolution No. 2008-87 MOTION: of Bergman, seconded by LaComb, adopting approving and levying 2008 Special Assessment Roll No. 574, delinquent mowing/snow removal charges, in the amended total amount of $11,892.71. Ayes - 4 - Nays - 0. VILLAGE AT FOUNDERS CIRCLE – VILLAGE BUILDINGS Ms. Dykes reviewed the request by Founders Circle Development, LLC, for an amendment to the Planned Development Agreement for The Village at Founders Circle and a site plan authorization for the Village buildings, which includes 129 residential units and 39,600 square feet of commercial. The 3.5 acre parcel is located on the southwest corner of Galaxie Avenue and 153rd Street W. The public hearing was held at the Planning Commission meeting on May 7, 2008. No comments were received at the hearing. The property manager for the Shops on Galaxie has expressed support of the project. The Planning Commission recommended approval. Councilmember Bergman explained his voting history on this project. Although the project is less than what it used to be, he will vote for the project this evening because there is a lot on the table. Councilmember Grendahl asked if there were delinquent mowing charges on this property that were part of the special assessment earlier this evening. Mr. Ward Pfiefer responded that the charges have been paid. Councilmember LaComb asked if there is documentation regarding project funding. Ms. Dykes said the only documentation the City has is a letter from Anchor Bank indicating they are working with the applicant to obtain funding for the project. The Livable Communities Demonstration Account (LCDA) grant is also critical to the funding of this project. Mayor Hamann-Roland questioned when the project would be in the ground. Mr. Dean Dovolis, DJR Architecture, Inc., reviewed sketch drawings for the project. The views on 153rd Street W. and Galaxie Avenue remain the same. He noted that removing the building along Founders Lane allows more sun to come into the courtyard. In addition, by removing a portion of the underground parking, the lot becomes more ecologically self sufficient. It will be able to control the water, have full sized trees, and be more green. He reviewed the building CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 6 design and described some of the proposed features. The units will be of high quality, be built at condominium standards, have their own P.I.D. numbers, and have all the amenities as previously proposed. Because of the economy, many of the materials necessary for this project have become very competitive. The timing to build this project is excellent. He then reviewed the proposed phasing. Mr. Ward Pfiefer, representing Regency Commercial Services and Founders Circle Development, said the financial markets are in turmoil. The good news is that lenders are still willing to lend on apartments, office, and retail ventures, which are the three components included in this project. Lenders in Minneapolis and nationwide have looked at this project and have indicated it is viable and they are interested in providing the lending. However, before the money can be secured, the lending institutions want to know the project is approved by the City and if the LCDA grant is still available. Councilmember Grendahl asked if they will be pre-leasing the retail space. Mr. Pfiefer said they will probably pre-lease less than 50 percent. Mayor Hamann-Roland asked what the timeframe would be for that. Mr. Pfiefer said he would like to be in the ground by September or October, with the residential units available by Fall 2009. Mayor Hamann-Roland stated it is very important to the Council that there is a true commitment on this. Mr. Pfiefer stated they are very committed to this project, and are doing everything they can to see the project through. Mayor Hamann-Roland asked if it is important to have a committed timeline for this project. Mr. Nordquist said the vitality of that area is a concern, but there is also concern that this project may impact whether or not the Metropolitan Council will continue to support future projects. He noted this is a two-step process. Tonight the applicant is looking for site plan approval. If approved, the project will be before the Council again for building permit authorization. At that time, they will likely be close to having all the financial details in place regarding this project. There is also a business subsidy agreement between the City and the developer regarding the grant that will come before the Council. Councilmember Grendahl said LCDA grants are typically very competitive. However, last year there was still money available to the suburbs. Therefore, she does not see the harm in providing a one-year extension this time. She acknowledged this project may have to be built in phases, and can support this part of it as it has been presented. She said this is the last extension she expects to see. CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 7 MOTION: of Grendahl, seconded by Bergman, directing staff to amend the Planned Development Agreement for Village at Founders Circle Addition for a change to the site plan for the Village building located on Lot 1, Block 1, Village at Founders Circle Addition, as shown on plans received by the City on April 16, 2008, and April 25, 2008, with the condition that associated documents be modified to reflect proposed changes. Councilmember LaComb noted this is the second grant extension. She acknowledged that Mr. Pfiefer made a strong verbal commitment regarding the financing this evening, but asked the City Attorney for an opinion. Mr. Dougherty said when the applicant comes before the Council for approval of the business subsidy agreement, the Council will have an opportunity to require something greater than an oral commitment regarding financing. Councilmember Bergman asked when it will go before the Metropolitan Council and what will happen next. Ms. Dykes said if the Council moves this forward, the City will request a review by the Metropolitan Council Community Development Committee (CDC) review panel. The next step would be to go before the CDC for an extension. The CDC will make a recommendation to the Metropolitan Council, which would review the item on June 5. Mayor Hamann-Roland talked about the importance of getting the project in the ground. Vote was taken on the motion: Ayes - 4 - Nays - 0. Resolution No. 2008-88 MOTION: of Grendahl, seconded by LaComb, adopting approving the revised site plan for the Village building on Lot 1, Block 1, Village at Founders Circle Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. STAFF ITEMS Mr. Lawell suggested a joint meeting with the Dakota County Regional Rail Authority to discuss Bus Rapid Transit. MOTION: of Bergman, seconded by Hamann-Roland, setting a special informal City Council meeting, at 4:00 p.m., on May 20, 2008, at the Municipal Center, for the purpose of discussing BRT transit with the Dakota County Regional Rail Authority. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATIONS CITY OF APPLE VALLEY Dakota County, Minnesota May 8, 2008 Page 8 Mayor Hamann-Roland commented on recent meetings with various agencies and groups regarding the Cedar Avenue Corridor and Bus Rapid Transit. Councilmember Grendahl stated she and Commissioner Branning and Beverly Miller met with the Department of Finance to voice concern over the Metropolitan Council’s statutory right to own the Watson’s site because general obligation bonds were used to purchase the property. They are investigating options for maintaining control of the site. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated May 5, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Grendahl, seconded by LaComb, to pay the claims and bills, check registers dated April 30, 2008, in the amount of $847,939.46; and May 8, 2008, in the amount of $5,333,174.57. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:17 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 5-22-08 .