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HomeMy WebLinkAbout02/14/2002CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 14th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayo r Hamann-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Park Maintenance Superintendent Adamini, Assistant to the Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, and Human Resources Manager Strauss. 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 Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. 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. No one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Goodwin, moving consideration of the Mowing Contract for Park Properties to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of January 24th, 2002, as written. Ayes - 4 - Nays - 0 (Sterling Abstained). Resolution No. 2002-15 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $660.85, from Apple Valley American Legion Post 1776 for use toward the Senior Citizens Holiday Party. Ayes - 5 - Nays - 0. Resolution No. 2002-16 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1980 Chevrolet Suburban, valued at $3,500.00, CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 2 from Roger D. Schesso for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2002-17 MOTION: of Grendahl, seconded by Goodwin, adopting 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, 2002, at Apple Valley American Legion; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2002-18 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Eastview Community Foundation, for use on May 11, 2002; at Eastview High School; and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving renewal and issuance of additional licenses and permits for 2002 as listed in the attachment to the City Clerk’s memo dated February 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Oak Wilt Grant Agreement with the Minnesota Department of Natural Resources for $9,250.00 in matching funds for 2002, as attached to the Natural Resources Coordinator’s memo dated February 14, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Revised D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196 for 2001- 2002, as attached to the Police Chief’s memo dated February 11, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the Cemetery Advisory Committee’s 2001 annual report as attached to the Public Works Administrative Manager’s memo dated February 14, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goo dwin, approving a Blanket Bond Replacement Agreement with U.S. Bank Trust for General Obligation Improvement Bonds of 1994, Series B, as attached to the City Clerk’s memo dated February 11, 2002; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the Assistant Planner’s memo dated February 8, 2002, regarding an interpretation for the use and placement of temporary storage containers on construction sites as a permitted accessory use CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 3 during construction activity in connection with the Target building expansion project at Southport Centre. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a garage addition to within four feet of the side lot line on Lot 6, Block 1, Palomino Hills (346 Cimarron Road), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a garage addition to within 23 1/2 feet of the front lot line on Lot 6, Block 5, Palomino Hills Lakeshore Addition (431 Reflection Road), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-19 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 01-156, Majestic Ridge Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 14, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 5 to the contract with Brown & Cris, Inc., for Project 98-512, East Trunk Storm Sewer Construction, in the amount of an additional $41,903.17. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 4 to the contract with Meisinger Construction, for Fire Station No. 1/ALF Ambulance Office Expansion, in the amount of a $792.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 2 to t he contract with North Central Ambulance Sales & Services, Inc., for the Refurbishing Unit 4987, 1991 Fire Pumper Truck, in the amount of an additional $4,933.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 98-512, Ea st Trunk Storm Sewer Construction, as final and authorizing final payment on the contract with Brown & Cris, Inc., in the amount of $46,880.72. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting the Liquor Store No. 1 Entrance Remodeling Project as final and authorizing final payment on the contract with Southridge Construction in the amount of $84.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 3 to the contract with Southridge Construction for Valley Middle Park Shelter Building Renovation, in the amount of a $303.00 deduction, and accepting the project as CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 4 final and authorizing final contract payment in the amount of $7,330.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Go odwin, approving revised City Engineer’s fees for 2002 engineering services as contained in the letter from Bonestroo, Rosene, Anderlik & Associates, Inc., dated December 14, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving extension of the Agreement for Cemetery Mowing and Trimming Services with Michael’s Lawncare and Snowplowing Service for 2002, as attached to the Public Works Supervisor’s memo dated February 14, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Lease Agreement with Versatile Vehicles, Inc., for rental of 25 additional golf cars at Valleywood Golf Course for 2002 and 2003, as attached to the Golf Course Manager’s memo dated February 7, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the form of an Agreement with Midwest Coca-Cola Bottling Company to provide beverage services at Park and Recreation facilities, for a five-year period as described in the Parks and Recreation Director’s memo dated February 11, 2002, and authorizing the Mayor and City Clerk to sign the same subject to modification of the termination provision satisfactory to the City Attorney and City Administrator. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the distribution of various promotional materials for use at the high schools’ senior class parties as described in the Parks and Recreation Director’s memo dated February 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving continuation of the Commission/Committee Recognition Program, allowing each individual to receive up to $720.00 of park and recreation services, for 2002, as described in the Park and Recreation Director’s memo dated February 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the 2002 Agreement with Dakota County for Sentenced to Service Program Work Crews as attached to the Park and Recreation Director’s memo dated February 11, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 5 MOTION: of Grendahl, seconded by Goodwin, approving renewal of the annual working agreement for 2002 with Owobopte, Inc., and authorizing the Mayor and City Clerk to sign the Letter of Understanding attached to the Park and Recreation Director’s memo dated February 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a contract with Unum Provident for providing Employee Long-Term Disability Insurance coverage as described in the Human Resources Manager’s memo dated February 11, 2002, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving promotions of Cory Breitung, Roger Dingman, Ron Nelson, Ivan Spencer, and Steve Thom to the positions of Technical Specialists, as listed in the Personnel Report dated February 14, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving temporary assignment of Ernie Aden to the position of Acting Building Official, as listed in the Personnel Report dated February 14, 2002. Ayes - 5 - Nays - 0. MOTION: of Gre ndahl, seconded by Goodwin, approving hiring Karen Westberg for the position of Police Records Supervisor, as listed in the Personnel Report dated February 14, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the part -time and seasonal employees as listed in the Personnel Report dated February 14, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PARK MOWING CONTRACT Councilmember Sterling asked to discuss the proposed contract for park mowing services. She asked how often the parks will be mowed? Mr. Adamini said the specifications call for mowing each location once a week except the Aquatic Center area which is twice a week. Resolution No. 2002-20 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for 2002 Park Mowing and Trimming Maintenance Services to BDL, Inc., the low bidder, in the adjusted amount of $55,548.52 (excluding Wildwood Park and Regatta Park). Ayes - 5 - Nays - 0. HILLCREST ACRES PLANNED DEVELOPMENT CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 6 Mr. Lovelace reviewed his memos dated February 11, 2002; describing Hillcrest Acres planned development located south of County Road 42 between Foliage and Flagstaff Avenues. Planned Development Designation No. 679, for Orchard Pointe, is being amended to add two zones for retail and business uses. The Home Depot store will be constructed on Lot 6 in Zone 2. The Hillcrest Acres final plat has been prepared and includes a new drainage and utility easement for the unnamed tributary of the north branch of the Vermillion River. A public hearing was held on November 20, 2001, to consider vacating the existing easement and that vacation can now be completed. Home Depot has requested two conditional use permits; one for an outdoor garden center and another for seasonal outdoor sales and display. The seasonal area would be restricted to use from April 15 to June 15 and from August 15 to October 1 of each year. He reviewed the provisions of the conditional use permits contained in the draft resolutions. Councilmember Grendahl questioned how many seasonal outdoor display areas have been approved at other businesses or are places where sidewalk areas are used for display an enforcement problem. Councilmember Goodwin asked whether any requests for outdoor display conditional use permits have been denied? Mr. Lovelace said no permits have been denied, but additional enforcement is probably needed. Councilmember Erickson commented that he recently traveled through Wisconsin and saw Home Depot buildings with no orange band trim and asked why. Jennifer Maxwell, representing Home Depot, was present and said their preference is for one wide orange band. They have used two narrow bands or none depending on the approvals. They will be using a tile material on the Apple Valley building. Ordinance No. 707 MOTION: of Erickson, seconded by Sterling, passing amending Article A25 of Appendix A of the City Code, for Planned Development Designation No. 679 (Orchard Pointe), by adding Zones 2 and 3 allowing for commercial retail uses in Hillcrest Acres and establishing performance standards regulating building size and bulk, setbacks, and appearance; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-21 MOTION: of Goodwin, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Hillcrest Acres and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-22 MOTION: of Grendahl, seconded by Erickson, adopting completing vacation of a drainage and utility easement, in the East Half of the Northeast Quarter of Section 34, for an unnamed tributary of the north branch of the Vermillion River, now within the plat of Hillcrest Acres. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 7 Resolution No. 2002-23 MOTION: of Grendahl, seconded by Sterling, adopt ing approving a Conditional Use Permit for an Outdoor Garden Center at Home Depot, on Lot 6, Block 1, Hillcrest Acres, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-24 MOTION: of Goodwin, seconded by Sterling, adopting approving a Conditional Use Permit for a Temporary Outdoor Display and Sales Area, for use from April 15 to June 15 and from August 15 to October 1 each year, at Home Depot, on Lot 6, Block 1, Hillcrest Acres, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE ENACTING NEW CODE OF ORDINANCES The City Clerk gave the second reading of an ordinance amending, restating, revising, updating, codifying, and compiling certain ordinances into a new Code of Ordinances for the City, as attached to her memo dated February 11, 2002. The new Code will replace the existing Code of Ordinances originally adopted in 1980 and contains Ordinances through No. 697, passed July 26, 2001. An electronic version of the Code is being provided by the publisher and will be accessible via a link on the City’s web site. The Council accepted the second reading. Ordinance No. 708 MOTION: of Erickson, seconded by Goodwin, passing enacting a new Code of Ordinances for the City, restating, revising and updating all previous ordinances contained in the Code effective March 1, 2002, including penalties for violations and fees. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Mr. Lawell advised the Council that the job description for new Code Enforcement Officer position, for housing maintenance, is being prepared. It is expected the position opening will be advertised for applications beginning February 25, 2002. Mr. Lawell advised the Council that seven semi-finalists for the Fire Chief position will be interviewed on February 19 and 20, 2002. From that group, it is hoped that finalist applicants can be selected for interviews by the full Council. Finalist interviews are tentatively scheduled for February 27, 2002. The Council received a memo dated February 11, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Sterling, seconded by Grendahl, to pay the claims and bills, check registers dated January 30, 2002, in the amount of $587,327.85; February 6, 2002, in the CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2002 Page 8 amount of $4,935,656.77; and February 13, 2002, in the amount of $3,817,870.62. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT MATTER Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 471.705, to discuss the status of Palomino East Apartment/Watrud litigation and the Brandtjen property condemnation. MOTION: of Goodwin, seconded by Sterling, to close the regular meeting and convene in closed session to discuss Palomino East Apartment/Watrud litigation and Brandtjen property condemnation in Lakeville with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 8:31 p.m. and the Council convened in the Regent Conference Room, at 8:37 p.m., along with City Attorney Dougherty, League of Minnesota Cities Insurance Trust Attorneys George Hoff and Sue Sager, City Administrator Lawell, City Clerk Mueller, and Community Development Director Kelley. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. (Attorneys Hoff and Sager attended until 9:46 p.m.) The Council reconvened in open session at 9:50 p.m. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:51 o’clock p.m.