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HomeMy WebLinkAbout09/12/2002CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 12th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Ma yor Hamann-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Finance Director Ballenger, Assistant to the City Administrator Grawe, Public Works Director Heuer, Park and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, 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. APPROVAL OF AGENDA MOTION: of Sterling, seconded by Grendahl, 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. No one was present to speak. CONSENT AGENDA MOTION: of Goodwin, seconded by Sterling, adding approval of a contract for p ool wall repairs to the consent agenda, moving continuation of the public hearing on Project 93-334 to the regular agenda, and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of August 22nd, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, ratifying the Mayor’s proclamation of September 11, 2002, as “Always Remember 9-11 Day” in commemoration of the anniversary of the terrorist attacks. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 2 Resolution No. 2002-169 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of $100.06 from the Apple Valley Moms Club for use toward fire safety education. Ayes - 5 - Nays - 0. Resolution No. 2002-170 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a 1991 Ford automobile, valued at $500.00, from Suzanne Holm, for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2002-171 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a 1987 Mazda automobile, valued at $1,000.00, from Timothy Koehn, for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2002-172 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a 1988 Toyota automobile from Eric G. and Linda Forslund, for use by the Fire Department in training. Ayes - 5 - Nays - 0. MOTION: of Goo dwin, seconded by Sterling, authorizing disposing of surplus vehicles, no longer of use to the City, by selling them at the Dakota County public auction on September 28, 2002, as described in the City Clerk’s memo dated September 9, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-173 MOTION: of Goodwin, seconded by Sterling, adopting defeasing, or paying off, outstanding bonds and decertifying redevelopment Tax Increment District No. 4 DD 2 Linville and economic development Tax Increment District No. 12 DD 2 Enderes as of December 31, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving extension of the Agreement with the Apple Valley Chamber of Commerce, for provision of Convention and Visitors Bureau services, through December 31, 2002, as attached to the Assistant to the City Administrator’s memo dated September 12, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a Quit Claim Deed transf erring interest in vacated excess 132nd Street right-of-way, now incorporated into Lot 5, Block 1, Eastwood Ridge; to Vista Development, Inc., and Jadean Development, Inc., as attached to the City Attorney’s memo dated September 9, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, granting a setback variance to allow construction of a wrap-around porch addition on a house to within 20 feet of the front lot line on Lot 12, Block 3, Briar Oaks 2nd Addition (12072 Gantry Lane), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 3 Resolution No. 2002-174 MOTION: of Goodwin, seconded by Sterling, adopting completing vacation of a portion of an unneeded drainage and utility easement in Section 36, lying over property being platted as Cobblestone Lake 2nd Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2002-175 MOTION: of Goodwin, seconded by Sterling, adopting approving the final plat and Development Agreement for Cobblestone Lake 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-176 MOTION: of Goodwin, seconded by Sterling, adopting ordering installation of Project 01-164, Legacy Square Townhomes Utility and Street Improvements portion. Ayes - 5 - Nays - 0. Resolution No. 2002-177 MOTION: of Goodwin, seconded by Sterling, adopting approving plans and specifications for Project 01-164, Legacy Square Townhomes Utility and Street Improvements, to be combined with The Legacy of Apple Valley project, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 3, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-178 MOTION: of Goodwin, seconded by Sterling, ado pting approving plans and specifications for purchase and installation of Vehicle Exhaust Systems at Fire Stations No. 1, 2, and 3 and authorizing advertising for receipt of bids, at 2:00 p.m., on October 1, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 2 to the contract with Ryan Contracting for Project 99-108, Regatta 3rd Addition Utility and Street Improvements, in the amount of an additional $8,224.06. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 3 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 & 3 Additions/Remodeling, in the amount of an additional $14,288.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, secon ded by Sterling, accepting Project 99-108, Regatta 3rd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Ryan Contracting, Inc., in the amount of $124,649.40. Ayes - 5 - Nays - 0. MOTION: of Goodwin, se conded by Sterling, approving a Lease Contract with Hertz Equipment Rental Corporation for two loaders, from November 1, 2002, through March 31, 2003, at a cost of $25,560.00, as attached to the Public Works Director’s memo dated September 12, 2002, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 4 MOTION: of Goodwin, seconded by Sterling, approving a Meter Reading Service Agreement with RMR Services, Inc., for 2002-2004 contract meter reading services, at a per meter cost of $.3375 for the first year and $.35 for the second year, as attached to the Public Works Supervisor’s memo dated September 12, 2002, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring Brian Kilmarten, Jr., for the full-time position of Street Maintenance Worker I as listed in the Personnel Report dated September 12, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated September 12, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a Contract with Gerold Pool & Concrete, Inc., for pool wall repair at the Outdoor Family Aquatic Center, at a cost of $14,700.00, as attached to the Parks and Recreation Director’s memo dated September 12, 2002, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA GALLES ADDITION/PALOMINO EAST APARTMENTS IMPROVEMENTS The Council received the Community Development Director’s memo dated September 9, 2002, recommending continuance of the public hearing on Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements, until September 26, 2002. The developer and consulting engineer for Palomino East Apartments have raised some technical design issues over the storm sewer system that should be addressed prior to the meeting. Glen Galles, property owner, was present and said he appreciates the work done by Staff on the project and supports it. He intends to have the final plat on his property completed and filed by the end of the year. MOTION: of Sterling, seconded by Goodwin, continuing the public hearing on Project 93- 334, Galles Addition and Palomino East Apartments Utility and Street Improvements, until September 26, 2002, at 8:00 p.m. Ayes - 5 - Nays - 0. CHAMBER OF COMMERCE PRESIDENT Edward Kearney, new President of the Apple Valley Chamber of Commerce, was present to introduce himself to the Council. He expressed enthusiasm for working with the business community and the City and invited everyone to visit their office and meet Krista Bell, their new CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 5 Business Manager, also. The Chamber’s next meeting is October 9, 2002, and will be a candidate forum for local and County offices. FIREFIGHTERS RELIEF ASSOCIATION BOOYA FUND RAISER Fire Chief Wassmund invited everyone to attend the 24th annual Apple Valley Firefighters Relief Association “Booya” fund raiser on September 14, 2002. It will be held at Fire Station No. 1 and serving begins at 11:00 a.m. APPLE VALLEY FALL FESTIVAL Joe Wycoff, of Apple Valley High School, was present and described activities planned for the 2nd annual Apple Valley Fall Festival on September 29, 2002. The festival will be held, from 2:00 to 6:00 p.m. at Apple Valley High School. Ten percent of the proceeds will go to the Spare Key Foundation and the remainder will be divided equally for student activities and programs. MOTION: of Erickson, seconded by Ster ling, proclaiming September 29, 2002, to be “The 2nd Annual Apple Valley Fall Festival” and encouraging the community to support and participate in the celebration. Ayes - 5 - Nays - 0. TALCOT GLEN 2ND ADDITION Mr. Lovelace reviewed the Planning Commission recommendation concerning Talcot Glen 2nd Addition located east of Diamond Path at Upper 135th Street. Wensmann Homes is proposing to construct two twinhomes on the 5.46-acre site. The units will be served by one driveway access at the south end of the site that will be shared with the City of Rosemount for access to its storm sewer lift station. The driveway requires a variance from Dakota County because it does not meet spacing guidelines on Diamond Path. Outlot A, abutting Birger Pond, is located entirely within the City of Rosemount and will be treated as a wetland buffer area and remain in a natural condition. Kelly Murray, of Wensmann Homes, was present to answer questions and said the units will be of the same design as the first addition. They will be working with the first addition’s homeowners association and attempt to merge this property with it. Resolution No. 2002-179 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit to allow for construction of two twinhomes in Talcot Glen 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-180 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 02-192, Talcot Glen 2nd Addition Utility Improvements. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 6 Resolution No. 2002-181 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 02-192, Talcot Glen 2nd Addition Utility Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 3, 2002, as an alternate with Project 01-164. Ayes - 5 - Nays - 0. McDONALD’S RESTAURANT RECONSTRUCTION Mr. Lovelace reviewed the Planning Commission recommendation concerning reconstruction of a 6,476 square foot McDonald’s Restaurant at 7667 West 150th Street. The existing building and Pizza Hut building will be demolished for a new 1.85-acre site. Driveway access will continue to be from the County Road 42 frontage road and the alternate access to Granada will be moved farther north to align with a driveway on the west side of Granada. Because the property is being replatted to combine three lots in Levine Subdivision into two new lots, Dakota County requires additional right-of-way along County Road 42. The County has indicated it is unwilling to grant a variance and Staff will work with the County to attempt to resolve the issue. Jerry Roper, of McDonald’s, was present to answer questions and showed a photograph of the building’s exterior which will be similar to the one in Bloomington. The new restaurant will be of a retro design and have a playland. They were going to begin construction immediately, but will delay until early spring to work out the plat issues with Dakota County. Resolution No. 2002-182 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit to allow for reconstruction of 6,476 square-foot McDonald’s restaurant on Lot 1, Block 1, Levine Subdivision No. 2, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. QUALTECH OFFICE/WAREHOUSE Mr. Lovelace reviewed the Planning Commission recommendation concerning construction of Qualtech Office/Warehouse building at the southwest corner of 147th Street and Energy Way. The 35,153 square-foot building will be located on approximately three acres. He reviewed the site plan and said the driveway shown on the east side of the building will be eliminated and replaced with greenspace that includes a rain garden. The landscape plan will be revised in accordance with the Natural Resources Coordinator’s comments. Joe Owens, of Qualtech, was present and said the business operates as a computer reseller. They now employ 17 people and intend to expand to 35 employees at this location. Mr. Lovelace reviewed changes recommended to the building exterior by the Planning Commission. Jack Grotkin, of R. J. Ryan Construction, said instead of the combination brick, stucco, and precast concrete shown on the plans that the Planning Commission reviewed; they CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 7 want to keep precast concrete on the back and sides of the building with rock face block on the front wrapping around the sides. He showed samples of the materials and said they will also add windows to the back of the building. Councilmember Goodwin expressed concern about substituting exterior materials that the Planning Commission has not seen. John Bergman, of the Planning Commission, was present and said no representatives from Qualtech were at the meeting when this was presented. This is the first time he has seen these materials and colors. Mr. Lovelace said the next Planning Commission meeting is September 18, 2002, and these revisions could be presented then. One concern was the appearance of the east side of the building along Energy Way since that is a public street. Mr. Grotkin said if they are able to finance the building with the materials originally proposed they would do so, but may not be able to do so because of cost. He agreed to appear at the next Planning Commission meeting. MOTION: of Goodwin, seconded by Erickson, referring the building permit application of Qualtech, for an office/warehouse building, in Valley Business Park, back to the Planning Commission for further review. Ayes - 5 - Nays - 0. PROPOSED 2003 CITY BUDGET AND TAX LEVY Mr. Lawell described the process involved in preparing the proposed City budget and tax levy for 2003 that the Council reviewed at previous meetings. Mr. Ballenger gave an overview of the budget noting the levy being proposed is $665,185.00 below the levy limit. Using the proposed levy of $15,993,034.00, estimates show that most residential property will see a decrease in the City portion of their property tax bill. The budget shows revenue of $35,975,473.00 and expenses of $35,840,744.00. The General Fund expenditure increase is 3.48 percent overall. It includes capital expenditures for a fire pumper truck and bucket truck. Without those two items the increase is 1.4 percent. He reviewed a comparison of 2002 and proposed 2003 taxes on sample homes with a ten percent increase in market value. Even with the market value increase the City tax decreases for 2003. Councilmember Erickson noted that the Council is considering a preliminary levy and budget. The amount set tonight would be the maximum. At final adoption, the amount certified can be decreased but cannot be increased over the proposed amount. Councilmember Grendahl said one reason the City’s bond rating recently improved was the amount it shows in fund balances. However, when it shows an 84% balance, that is too high and she would like to see that reduced as well as a reduction in contingency funds. Councilmember Goodwin said one way to address the fund balance issue is to draw it down and pay off the Arena Fund and Road Escrow Fund deficits. Mr. Ballenger described the internal borrowing for these two funds and said repayment would be feasible. Since the City will not CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 8 know whether the Legislature may cut state aid, any such transfers should probably not be made until next June or July. Councilmember Erickson noted that fund balances have been used for capital projects over the years that would be difficult to finance by other means. Councilmember Goodwin concurred and commented that cities are limited in their ability to raise revenue by bonding like counties and the State can do. Mayor Hamann-Roland commended Staff for their work on the budget and noted Apple Valley is one of the few cities that is proposing a 2003 levy below its limit. Resolution No. 2002-183 MOTION: of Grendahl, seconded by Erickson, adopting approving proposed 2003 budgets, with total revenue of $35,975,473.00 and expenditures of $35,840,744.00, and approving the proposed tax levy collectible in 2003 of $15,993,034.00 consisting of $14,954,968.00 for general purposes and $1,038,066.00 for debt purposes. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, setting a public hearing on the proposed 2003 budgets and tax levy, at 7:00 p.m., on December 11, 2002, at the Municipal Center. Ayes - 5 - Nays - 0. Mayor Hamann-Roland asked Wilton Anderson, of the Cemetery Advisory Committee, who was present whether he had any comments. Mr. Anderson said he wants to ensure that there is funding to complete phase one work on the cemetery and provide for its ongoing maintenance. He described several items that need to be completed and will advise Public Works of them. DISPOSITION OF OLD CITY HALL BUILDING Mr. Lawell said the City received six proposals for disposal of the old City Hall building that were discussed by the Council at its informal meeting tonight. One proposal was for a ten-year lease by Dakota County Technical College. Since the City would retain ownership of the property, this appeared to be the most advantageous offer. MOTION: of Goodwin, seconded by Hamann-Roland, directing Staff and the City Attorney to clarify the terms and conditions and negotiate a lease or joint powers agreement with Dakota County Technical College for the old City Hall building for further consideration by the Council. Dr. Ron Thomas, President of Dakota County Technical College, commented on their proposed use of the building for education programming with Metropolitan State and at least one other higher education entity. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 2002 Page 9 Councilmember Sterling noted that one of the terms of their proposal included maintenance, snow removal, and lawn mowing by the City. She said she would not support that provision in an agreement. Vote was taken on the motion. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated September 9, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check re gisters dated August 28, 2002, in the amount of $7,637,749.29; September 5, 2002, in the amount of $9,179,934.51; and September 11, 2002, in the amount of $1,738,693.63. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:25 o’clock p.m.