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HomeMy WebLinkAbout05/22/2008 CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 22nd, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Assistant Finance Director Broughten, Associate City Planner Dykes, Assistant City Administrator Grawe, Code Enforcement Officer Hammerstad, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Public Works Director Blommel Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, Deputy Fire Chief Thompson, 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. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, removing items 4.B.3 and 5.F from the agenda, tabling item 5.E to the June 5, 2008, meeting, and approving the agenda for tonight’s meeting, as amended. Ayes - 5 - 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. Ms. Sharon Schwartz, 14334 Embry Path, commented on an article in the CityNews regarding recycling. The article talks about curbside pickup of recycling materials. Because Apple Valley does not allow curbside pickup of trash and recyclables, she asked if the next newsletter could include an update as to the City’s policy regarding refuse pickup. Mayor Hamann-Roland said that is a good idea. 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 22, 2008 Page 2 MOTION: Goodwin, seconded by Grendahl, approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of May 8, 2008, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a new 2008 License to Operate Filling Station to Piston Pete’s, LLC, d/b/a Andy’s Market, 14113 Galaxie Avenue, as described in the City Clerk’s memo dated May 19, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a new License for Sale of Tobacco and Tobacco Products to Piston Pete’s, LLC, d/b/a Andy’s Market, 14113 Galaxie Avenue, as described in the City Clerk’s memo dated May 19, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion Post 1776, for an outdoor area at 14521 Granada Drive, valid on July 3 and 4, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing issuance of a Temporary On-Sale Liquor License by Minnesota Liquor Control to Apple Valley American Legion Post 1776, for an outdoor area at 14521 Granada Drive, valid on September 6, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-89 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for use on June 7, 2009, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-90 MOTION: of Goodwin, seconded by Grendahl, adopting establishing precinct boundaries and polling places. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the permit to move overweight structure on City streets between 12:00 a.m. and 5:00 a.m. on May 27 and 28, 2008, as described on the permit attached to the Building Official’s memo dated May 14, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing application to CenterPoint Energy for Community Partnership Grant. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 3 MOTION: of Goodwin, seconded by Grendahl, authorizing the sale of surplus Final Cut Pro or Production Suite Upgrade software for the Apple Valley, Farmington, and Rosemount Joint Powers Cable Commission (AFRCC) as described in the AFRCC Cable Coordinator’s memo dated May 15, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing the sale of surplus Minitor IV pagers as described in the Fire Chief’s memo dated May 14, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Police Department’s 2007 annual report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2007 Municipal Separate Storm Sewer Systems (MS4) annual report, as attached to the Natural Resources Coordinator’s memo dated May 22, 2008; and authorizing the Acting Public Works Director to sign the same and submit it to the Minnesota Pollution Control Agency. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Intergovernmental Agreement with the Metropolitan Council for the 2008 Citizen Assisted Lake Monitoring Program (CAMP) on Lake Alimagnet, Farquar Lake, Long Lake, Cobblestone Lake, and Scout Lake, as attached to the Natural Resources Coordinator’s memo dated May 22, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the proposal from CNH Architects for architectural services for Fire Station 1 bathroom renovation. Ayes - 5 - Nays - 0. Resolution No. 2008-91 MOTION: of Goodwin, seconded by Grendahl, adopting approving plans and specifications for New Senior Center; and authorizing advertising for receipt of bids, at 2:00 p.m., on June 19, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Water Treatment Plant Pump Replacements with Waldor Pump & Equipment Company, Inc., in the amount of $19,530.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting 2008 Metal Fence Fabrication as final, and authorizing final payment on the agreement with Dakota Fence of Minnesota, Inc., in the amount of $22,979.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 4 MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 837 and passing amending Section 35.01 of the City Code regulating unclaimed personal property. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the hiring of full time, part-time, and seasonal employees, as listed in the Personnel Report and Addendum dated May 22, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITIZEN AWARD PRESENTATIONS Fire Chief Wassmund introduced Deputy Fire Chief Thompson who recaptured the events of May 3, 2008, when Ms. Debra Lee called 911 to report her carbon monoxide detector was going off in her townhome located on Dunwood Trail. Firefighters from Fire Station 3 responded. CenterPoint Energy was called and Mr. Sam Stay worked with the Fire Department to discover the source of the carbon monoxide, which happened to be a running vehicle in an adjacent garage. The residents in the adjacent townhome were alerted, evacuated, and taken to Hennepin County Medical Center. Residents in the remaining adjoining units were evacuated as well. Thanks to the efforts of Ms. Lee and Mr. Stay, the lives of Ms. Lee’s neighbors were saved. Fire Chief Wassmund and Ms. Melissa Sweetmilk, one of the residents who was rescued, presented Certificates of Commendation to Ms. Debra Lee and Mr. Sam Stay. Mayor Hamann-Roland thanked the Fire Department and all involved for their live-saving efforts. SALE OF LIQUOR STORE REVENUE BONDS Mr. Steve Mattson, of Northland Securities, Inc., the City’s fiscal consultant, said the City will be selling $3,295,000 in Liquor Store Revenue Bonds, Series 2008C. It is a 20-year bond and the bonds are rated Aa2. He reviewed the details of the bond including interest rates and net revenue coverage ratio. Councilmember Bergman asked if this bond may be able to be refinanced at a lower rate in the future. Mr. Mattson said it may be refinanced after December 1, 2014. Resolution No. 2008-92 MOTION: of Goodwin, seconded by LaComb, adopting authorizing issuance and sale of $3,295,000 Liquor Store Revenue Bonds, Series 2008C, to Northland Securities, Inc., at a net effective interest rate of 4.412%. Ayes - 4 - Nays - 0 - Abstain - 1 (Grendahl). CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 5 SALE OF GENERAL OBLICATION PARK BONDS Mr. Steve Mattson reviewed the proposed sale of $6,685,000 in General Obligation Park Bonds, Series 2008D. Mr. Mattson and Mr. Ballenger recently spoke with Moody’s Investor Services regarding the City’s rating. Moody’s affirmed Apple Valley’s strong Aa1 rating. There are only seven cities in Minnesota with a higher rating. The Park Bond is rated an Aa1. Keeping the City’s total amount under $10 million a year makes the bonds bank qualified, which means banks may take a 100 percent tax deduction on the bonds. Considering banks are currently the primary purchaser of this type of bonds, that qualification is important. Mr. Mattson said the difference in basis points for a qualified bond is very high right now. If the difference is 50 basis points, the estimated savings in interest costs would be $500,000. In addition, the interest rate on the Park Bonds was estimated at 4.3%. The combined interest rate for the Park Bonds issued in 2007 and this 2008 issue will average approximately 4.12%, resulting in a savings between $380,000 and $400,000 from what was originally anticipated. Councilmember Goodwin thanked Mr. Mattson for this help over the years. He congratulated the Finance Department for the fact that only 7 out of 858 or 859 have a better tax rating than Apple Valley. Resolution No. 2008-93 MOTION: of Bergman, seconded by LaComb, adopting authorizing issuance and sale of $6,685,000 General Obligation Park Bonds, Series 2008D, to Northland Securities, Inc., at a net effective interest of 4.0925%, and levying taxes for the payment thereof. Ayes - 5 - Nays - 0. TASTE OF THAIYAI ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE Ms. Gackstetter reviewed the application by Taste of Thaiyai, Inc., d/b/a Taste of Thaiyai for on-sale 3.2 percent malt liquor as described in her memo dated May 19, 2008, and noted receipt of the affidavit of publication of the hearing notice. No comments have been received to date. The restaurant which is located at 7705 147th Street W. has been open since January 2, 2008. The Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. Mayor Hamann-Roland called the public hearing to order at 8:35 p.m. to consider the application by Taste of Thaiyai, Inc., d/b/a Taste of Thaiyai, for an on-sale 3.2 percent malt liquor license. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:36 p.m. MOTION: of Goodwin, seconded by Bergman, approving issuance of 2008 On-Sale 3.2 Percent Malt Liquor License to Taste of Thaiyai, Inc., d/b/a Taste of Thaiyai for premises located at 7705 147th Street W. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 6 2008 SPECIAL ASSESSMENT ROLL 574 Mr. Ballenger reviewed the delinquent snow removal charges on parcel 01-16402-010-01 in the amount of $176.58, from 2008 Special Assessment Roll 574, tabled from the May 8, 2008, City Council meeting. He said that after investigating the matter, staff recommends levying the assessment. Mr. Thomas Wencl, 14227 Guthrie Avenue, stated his father did not own the property on December 4, 2007, and he did not own the property until January 18, 2008. As a result, he believes he should not be responsible for the charges. He presented documentation to the Council. Mr. Ballenger said the County records indicated Mr. James Wencl owned the property on December 4, 2007, and Thomas Wencl owned the property as of December 7, 2007, and that is why notification was mailed to them on the dates indicated in his memo. Mayor Hamann-Roland suggested tabling this item so that the documentation may be reviewed. MOTION: of Grendahl, seconded by Bergman, 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 June 5, 2008. Ayes - 5 - Nays - 0. QUARRY POINT PARK ATHLETIC COMPLEX Ms. Dykes reviewed the request for a site plan review and building permit authorization for the Quarry Point Park Athletic Complex, located northwest of the intersection of 160th Street W. and Pilot Knob Road. The site plan shows construction of 8 ballfields, a 235-space parking lot, a playground, a maintenance building, and a multi-purpose building, on approximately 34 acres. The ballfields will be installed throughout 2009 and 2010. Storm sewer and water are available to the site. It is possible the storm sewer may not be installed until the construction of 157th Street W., which will not take place until mining is completed on the Fischer property to the north. Ms. Dykes then reviewed the grading plans, landscaping plans, and colored renderings. The Planning Commission reviewed this item on May 7 and 21, 2008, and voted unanimously to recommend approval. Resolutions No. 2008-94 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for the Quarry Point Park Athletic Complex for the ballfields, parking lot, playground, and buildings on PID # 01-03500-013-77, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 7 Resolution No. 2008-95 MOTION: of LaComb, seconded by Goodwin, adopting approving plans and specifications for Construction of Quarry Point Park; and authorizing advertising for receipt of bids, at 2:00 p.m., on June 24, 2008. Ayes - 5 - Nays - 0. BLOCK 2, COBBLESTONE LAKE SOUTH SHORE SINGLE FAMILY HOMES Mr. Lovelace reviewed the request for site plan/building permit authorization by Signature Homes to construct 8 single-family dwellings on lots previously approved for twinhomes on Block 2, Cobblestone Lake South Shore. The exterior design and finish will be identical to the current twinhomes. The Planning Commission reviewed this item on May 7, 2008, and voted unanimously to recommend approval. Mr. John Sonnet, from Charles Cudd Company, was present. He stated there is a demand for the single-family villa, which is still a townhouse-maintained home. He is excited about adding this option in Cobblestone. Councilmember Bergman asked if there are any changes to Outlot B. Mr. Lovelace said no. Councilmember Goodwin asked if the floor plan is similar to the existing twinhomes. Mr. Sonnet said they are the same as the existing floor plans. Resolutions No. 2008-96 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit to allow construction of 8 single-family dwelling units on Lots 1-8, Block 2, Cobblestone Lake South Shore, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. HERITAGE LUTHERAN CHURCH EXPANSION Ms. Bodmer reviewed the request by Heritage Lutheran Church for final plat, and site plan review and building permit authorization for an 11,105 square foot addition to the church located at 13401 Johnny Cake Ridge Road. One of the challenges of the site is that it abuts Pond P-2, which is a DNR protected water body and has special setback requirements. She reviewed the easement and water management buffer requirements. The expansion meets all setback requirements. Although no additional parking is required as a result of the expansion, the petitioner is increasing its parking lot from 57 to 99 spaces. The petitioner is also constructing two infiltration areas to accommodate the site’s stormwater run off. The Natural Resources Coordinator approved the landscaping plan. There is an existing monument sign in the easement. Staff will work with the petitioner on the easements and/or sign placement. Ms. Bodmer then reviewed the elevation drawings and aerial-view, colored renderings. The exterior materials will CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 8 tie in with the existing materials. The Planning Commission reviewed this item on May 7, 2008, and voted unanimously to recommend approval. Councilmember Bergman asked for clarification regarding the installation of additional parking spaces to accommodate upcoming expansion projects. Ms. Bodmer said the number of required parking spaces is based on the size of sanctuary. Since the sanctuary is not being expanded, the petitioner is not required to add parking spaces. However, the existing parking lot does not have curb and gutter, which helps channel water. The petitioner wants to make that improvement at this time. As part of the parking lot improvement, 32 parking spaces will be added. Mayor Hamann-Roland questioned whether the project is compliant with the new law which requires sites to maintain the first one-inch of rainfall on its site. Mr. Russell Rosa, of Rosa Architectural Group, Inc., was present. He stated the civil engineer was not present this evening. However, he is confident the civil engineer knows of that change and is working with the City’s engineer to meet that requirement. Resolution No. 2008-97 MOTION: of Grendahl, seconded by LaComb, adopting approving the final plat of Heritage Lutheran Church Addition, and waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2008-98 MOTION: of Grendahl, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of an 11,105 square foot addition on Lot 1, Block 1, Heritage Lutheran Church Addition (13401 Johnny Cake Ridge Road), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland commented on recent meetings with the Dakota County Regional Rail Authority, Dakota County, local businesses, and the Chamber of Commerce regarding Cedar Avenue plans. The plans are continuing to be refined to ensure safe access and better flow of traffic. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated May 19, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 2008 Page 9 CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated May 14, 2008, in the amount of $9,573,268.16; and May 21, 2008, in the amount of $5,249,784.29. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:09 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 6-5-08 .