HomeMy WebLinkAbout03/14/2002CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2002
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held March 14th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hama nn-Roland; Councilmembers Erickson, Grendahl, and Sterling.
ABSENT: Councilmember Goodwin.
City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney
Hills, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to
the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson,
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
amended. 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. No one was present to speak.
CONSENT AGENDA
MOTION: of Grendahl, seconded by Sterling, moving consideration of lease of the old City
Hall building to the regular agenda and approving all remaining items on the
consent agenda. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of
February 28th, 2002, as written. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, proclaiming April 7 through 14, 2002, as “Days
of Remembrance” in memory of victims of the Holocaust; and urging citizens to
strive to overcome intolerance and indifference through learning and remembrance.
Ayes - 4 - Nays - 0.
Resolution No. 2002-33
MOTION: of Grendahl, seconded by Sterling, adopting approving
issuance of a lawful gambling exempt permit, by the State Gambling Control
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2002
Page 2
Board, to the Apple Valley Chamber of Commerce, for use on May 2, 2002, at
Rascal’s Bar & Grill, 7721 West 147th Street; and waiving any waiting period for
State approval. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, receiving the Police Department’s memo, dated
March 8, 2002, with an update on the Automated External Defibrillator (AED)
Program being promoted to encourage local businesses to obtain the units. Ayes -
4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving the Amended and Restated Joint
Powers Agreement Establishing the Minnesota Valley Transit Authority and its
Bylaws, as attached to the Community Development Director’s memo dated
March 8, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes -
4 - Nays - 0.
Resolution No. 2002-34
MOTION: of Grendahl , seconded by Sterling, adopting approving
the Vermilion River Storm Water Management Memorandum of Understanding,
related to the proposed expansion of the Empire Treatment Plant, as attached to
the Public Works Director’s memo dated March 14, 2002, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving reduction of financial guarantees for:
Regatta 3rd, from $1,145,392.00 to $661,004.00; Regatta 3rd NRMP, from
$25,625.00 to $10,000.00; and Cedar Marketplace, from $22,000.00 to 0. Ayes -
4 - Nays - 0.
Resolution No. 2002-35
MOTION: of Grendahl, seconded by Sterling, adopting approving
plans and specifications for Project 98-418, Galaxie Avenue Widening North of
140th Street to 130th Street, and authorizing advertising for receipt of bids, at
2:00 p.m., on April 18, 2002. Ayes - 4 - Nays - 0.
Resolution No. 2002-36
MOTION: of Grendahl, seconded by Sterling, adopting approving
plans and specifications for Project 01-165, 2002 Street Maintenance Program,
and authorizing advertising for receipt of bids, at 2:00 p.m., on April 18, 2002.
Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Concrete Removal
and Replacement Services with Minnesota State Curb and Gutter, Inc., as attached
to the Public Works Supervisor’s memo dated March 11, 2002, and authorizing
the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, appr oving an Agreement for Colored and
Stamped Concrete Removal and Replacement Services with Klein Underground,
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2002
Page 3
LLC, at the rate of $9.10 per square foot, as attached to the Public Works
Supervisor’s memo dated March 11, 2002, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Decorative
Concrete Sealing Services with Budget Sandblasting & Painting, Inc., in an
amount not to exceed $4,950.00, as attached to the Public Works Supervisor’s
memo dated March 11, 2002, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Reconditioning
Ring Route Light Poles with Budget Sandblasting & Painting, Inc., in an amount
not to exceed $23,100.00, as attached to the Public Works Supervisor’s memo
dated March 11, 2002, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving the 2002 Goals for City
Departments, as attached to the Assistant to the City Administrator’s memo dated
March 14, 2002. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal
employees as listed in the Personnel Report dated March 14, 2002. Ayes - 4 -
Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing the City Administrator to sign the
Inclusionary Housing Service Availability Charge Waiver Application to the
Metropolitan Council for reduced sewer availability charges for Pennock Place
Senior Housing, as attached to the Assistant Planner’s memo dated March 14,
2002. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
TEMPORARY LEASE OF CITY HALL BUILDING
Mr. Lawell reviewed the memo dated March 14, 2002, describing a proposed temporary lease of
the old City Hall building to Community Action Council. Long-term lease or sale of the building
is still being explored; but, because the building is vacant, the insurance premium on it will
increase by about $21,000. The option of locating some City employees to the building was
explored, but did not seem to be practical. Community Action Council would have potentially
two employees officing in part of the building.
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2002
Page 4
Councilmember Sterling expressed concern about extra maintenance costs and wear and tear if
Community Action Council uses the building for client visits and public-type uses. Mr. Lawell
said restriction of those uses could be a condition of the lease if the Council desires.
MOTION: of Erickson, seconded by Hamann-Roland, directing the City Attorney to prepare a
short-term lease for part of the old City Hall building with Community Action
Council as described in the Assistant to the City Administrator’s memo dated
March 14, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes
- 4 - Nays - 0.
DODD BOULEVARD VACATION
Mr. Lovelace reviewed his memo dated March 8, 2002, describing proposed vacation of part of
Dodd Boulevard, east of Pilot Knob Road, in Cobblestone Lake development. The house on the
west side of Apple Valley East Park is occupied and a vehicle turn-around will be installed for the
property to maintain access to the east. The landowner is requesting closure of the road to
remove the roadbed and mine the area. It will be closed until 2004 to coincide with
reconstruction of Pilot Knob Road. When it reopens, Dodd Boulevard will be realigned to the
north and connect to Pilot Knob Road at the half section line of Section 36.
Resolution No. 2002-37
MOTION: of Ster ling, seconded by Erickson, adopting setting a
public hearing, at 8:00 p.m., on April 11, 2002, to consider vacating approximately
one-fourth mile of Dodd Boulevard, east of Pilot Knob Road, in the Cobblestone
Lake development. Ayes - 4 - Nays - 0.
MOTION: of Erickson, seconded by Sterling, approving closing Dodd Boulevard from west
of Dunbar Avenue to Pilot Knob Road from March 18, 2002, until fall of 2004
subject to installation of a vehicle turn-around, to standards approved by the City,
at 15450 Dodd Boulevard; as described in the City Planner’s memo dated March
8, 2002. Ayes - 4 - Nays - 0.
HAWTHORNE PLANNED DEVELOPMENT
Ms. Bodmer reviewed the Planning Commission recommendation on Hawthorne multiple
residential planned development located south of 157th Street between Galaxie and Foliage
Avenues. The 42.7-acre site is proposed to be developed with 374 condominium and townhouse
dwelling units. An approximately two-acre storm water pond will be constructed on the site and
be designed with two feet of infiltration area. The pond will hold water below that level.
Chris Enger, of Ryland Homes, described designs of the homes proposed and street and parking
layouts. He described architectural details and showed schematics of the building facades. The
different housing types will be grouped in five neighborhoods within the subdivision. A carriage
townhome design will be introduced as a new product. Some of these homes are currently being
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2002
Page 5
constructed in Shakopee and he invited the Council to view them. The grade level homes will
have patios and other homes will have decks.
Larry Frank, of Arcon Development, commented on site development and the opportunity for
incorporating the infiltration pond into the site design.
MOTION: of Erickson, seconded by Grendahl, directing Staff to prepare a planned
development ordinance and agreement for rezoning the site identified as
Hawthorne multiple residential development, as recommended by the Planning
Commission, for approval at a subsequent meeting. Ayes - 4 - Nays - 0.
Resolution No. 2002-38
MOTION: of Grendahl, seconded by Erickson, adopting approving
the preliminary plat of Hawthorne Addition, located south of 157th Street between
Galaxie and Foliage Avenues, with conditions as recommended by the Planning
Commission. Ayes - 4 - Nays - 0.
Resolution No. 2002-39
MOTION: of Grendahl, seconded by Sterling, adopting approving
the site plan and authorizing issuance a building permit to allow construction of
374 condominium/townhouse dwelling units in Hawthorne Addition, with
conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0.
Resolution No. 2002-40
MOTION: of Erickson, seconded by Sterling, adopting ordering the
City Engineer to prepare a preliminary engineering feasibility report for Project 01-
163, Hawthorne Utility and Street Improvements. Ayes - 4 - Nays - 0.
NATIONAL FLOOD INSURANCE PROGRAM
Mr. Kelley reviewed his memo dated March 11, 2002, concerning the City’s participation in the
National Flood Insurance Program. The last time participation was considered there was little
benefit to the residents and the insurance had many exclusions regarding basements and walkouts.
The program has changed and includes reduced cost for coverage in communities with low flood
risk. In order to participate, the City must adopt a resolution and ordinance concerning
requirements it uses to ensure buildings are constructed at elevations reasonably safe from
flooding. The requirements mirror development practices already being done by the City.
Resolution No. 2002-41
MOTION: of Grendahl, seconded by Sterling, adopting stating the
City’s intent to participate in the National Flood Insurance Program and take such
actions as are reasonably necessary to carry out the objectives of the program.
Ayes - 4 - Nays - 0.
MOTION: of Erickson, seconded by Grendahl, waiving a second reading and passing
Ordinance No. 710
amending the City Code by adding Chapter 156 “Floodplain
CITY OF APPLE VALLEY
Dakota County, Minnesota
March 14, 2002
Page 6
Control”, establishing criteria for reasonable protection of property and buildings
from the potential of flooding or flood-related erosion. Ayes - 4 - Nays - 0.
COMMUNICATIONS & CALENDAR
The Council received a memo dated March 11, 2002, with a calendar listing upcoming events.
Mayor Hamann-Roland noted that the memorial service for Carolyn Rodriguez will be held at
Macalester College, on March 15, 2002, at 3:00 p.m. The MVTA will be operating a bus to the
service leaving the Transit Station at 1:45 p.m. Ms. Rodriguez represented the City on the
Metropolitan Council and in the Legislature.
CLAIMS AND BILLS
MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated
March 6, 2002, in the amount of $4,228,301.24; and March 14, 2002, in the
amount of $2,070,618.25. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 9:05 o’clock p.m.