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HomeMy WebLinkAbout10/10/2002CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 10th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor 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, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, 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 led by members of Boy Scout Troop 290. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterling, 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 Grendahl, seconded by Sterling, approving all items on the consent agenda wit h no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of September 26th, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, app roving issuance of a 2002 Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Christmas Tree Farm, at the southeast corner of 140th Street and Pilot Knob Road in East Valley Plaza as described in the City Clerk’s memo dated October 7, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-190 MOTION: of Grendahl, seconded by Sterling, adopting authorizing placement of fence and landscaping within the 140th Street right-of-way by Alimagnet Landing homeowners subject to execution and recording of a CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 2002 Page 2 Declaration of Covenants for Maintenance and Repair of Landscaping. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing submitting grant applications to Dakota County and the Minnesota Department of Health for funding to assist with sealing an oil exploration deep well located on Valleywood Golf Course as attached to the Public Works Supervisor’s memo dated October 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an agreement with Keys Well Drilling Company for Project 02-200, Sealing Deep Oil Exploration Well at Valleywood Golf Course, in the amount of $20,300.00, as described in the Public Works Supervisor’s memo dated October 10, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-191 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Vehicle Exhaust Systems Installation at Fire Stations No. 1, 2, and 3, to TNC Industries, Inc., the only bidder, amount of $78,426.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Wagner Construction of Hampton, Inc., for Landscape Renovation at Apple Valley Community Center and Teen Center, in the amount of an additional $1,348.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting the Landscape Renovation Project at Apple Valley Community Center and Teen Center as final and authorizing final payment on the contract with Wagner Construction of Hampton, Inc., in the amount of $31,250.48. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 00-148, 2001 Street Maintenance Program, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $82,084.82. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 00-131, Deep Well No. 17 Pump Facility, as final and authorizing final payment on the contract with Rice Lake Contracting, Inc., in the amount of $1,000.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 01-160, Deep Wells No. 3 and 7 Maintenance, as final and authorizing final payment on the contract with Keys Well Drilling Company, in the amount of $19,082.47. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 2002 Page 3 MOTION: of Grendahl, seconded by Sterling, authorizing submitting a grant application to the Minnesota Department of Labor and Industry for OSHA safety equipment, in the amount of $10,000.00, as attached to the Public Works Supervisor’s memo dated October 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting the resignation of Sarah Johnston, as youth representative, from the Parks and Recreation Advisory Committee and appointing Erica Robinson to fill the vacancy as recommended in the Parks and Recreation Director’s memo dated October 7, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-192 MOTION: of Grendahl, seconded by Sterling, adopting appointing individuals to serve as election judges for the November 5, 2002, General Election in the City. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving promotion of Ernie Aden to the position of Building Official, as listed in the Personnel Report dated October 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a promotion of Lou Otto to the position of Working Foreman at the Sports Arena/Golf Course, as listed in the Personnel Report dated October 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated October 10, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA COUNTY QUESTION ON FARMLAND & NATURAL AREAS PROJECT Suzanne Savanick, Dakota County Soil and Water Conservation District Supervisor, and Denise Louis, of Dakota County Citizens for Our Land and Water, were present to comment on the County question for preservation of water, open space, natural areas, and farmland. The question, on the ballot at the November 5, 2002, General Election, is for authority to issue $20,000,000 of general obligation bonds to acquire and improve land and interests in land. Priority areas for preservation in the County were identified by citizen input, over a three-year period, and criteria for eligible property was developed. If passed, the funds would be used to buy conservation easements or, in some cases, purchase land outright. Participation in the program would be voluntary. Public open houses to provide further information will be held, from 5:30 to 7:30 p.m. on October 16th, at the Hastings Library, and on October 23rd, at the Apple Valley Library. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 2002 Page 4 LEASE AGREEMENT FOR OLD CITY HALL BUILDING Mr. Grawe reviewed a summary of a proposed Lease Agreement with Dakota County Technical College for the old City Hall building, as contained in his memo dated October 10, 2002. It will be a 10-year lease, commencing November 1, 2002, at a base rent of $800,000.00. The City will reserve the right to retain parking on the property to accommodate users of the adjacent park. The Dakota County Assessor’s Office has determined that the building will be exempt from property taxes under this lease. MOTION: of Hamann-Roland, seconded by Erickson, approving a 10-year Lease Agreement with Dakota County Technical College for the old City Hall building, at a base rent of $800,000.00, effective November 1, 2002, subject to refinement of details acceptable to the City Attorney and City Administrator, as described in the Assistant to the City Administrator’s memo dated October 10, 2002, and authorizing the Mayor and City Clerk to sign the same. Dr. Ron Thomas, President, and Sharon LaComb, Vice President, of Dakota County Technical College, were present and thanked the Council for considering their proposal and the opportunity to bring higher education to the City. Dr. Thomas said the USA Weight Lifting Committee, a subsidiary of the U.S. Olympic Committee, has looked at the building and they are pursuing bringing them in as a partner in the facility. Vote was taken on the motion. Ayes - 5 - Nays - 0. PROJECT 93-334, GALLES ADDITION & PALOMINO EAST IMPROVEMENTS Mr. Gordon reviewed his memo dated October 7, 2002, concerning questions raised at the September 26, 2002, public hearing on Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements. Sanitary sewer and water permits have been applied for from the Minnesota Pollution Control Agency and Minnesota Board of Health, respectively. He met with Mn/DOT on October 4, 2002, about the storm water drainage question, and they asked for a different computation of storm water calculations that he will be providing next week. High water levels for the Palomino East pond and Hidden Ponds pond were recalculated and both are below the City standard of three feet of freeboard. Wetlands on the Palomino East site were reviewed in 1998 and no additional wetlands were found from those submitted in the 1996 Delineation Report. There may be a need for ponding easements from five property owners. The determination was made using County contour maps and field observations and actual surveys will be needed to define any easements. Mr. Gordon said a resident has asked whether the developer could be required to obtain the easements instead of the City. Mr. Dougherty said the pond is within the City’s control and responsibility and it is obligated to provide surrounding easements to cover the bounce of the CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 2002 Page 5 water. If a pond exists, the City may require the developer to dedicate five percent of the land with the plat. If it exceeds five percent, the City needs to acquire the additional land. It could only be made the developer’s responsibility if the developer agrees. Councilmember Grendahl asked about Mn/DOT’s position on the storm water permit. Mr. Gordon said Mn/DOT provided a letter in 1998 stating no permit was needed for the Palomino East property. Mn/DOT’s October 8, 2002, letter requesting additional calculations relates to adding the Galles property and Cimarron Road area drainage. Peter Coyle, Attorney for Joel Watrud of Palomino East, said the only reason Mn/DOT may require a permit is because of the additional off-site development. Mn/DOT has advised that Palomino East does not require a permit and they will proceed under the 1998 letter. The other areas should not be linked to this project and the storm water issues are unrelated to sanitary sewer and water. They filed a Notice and Motion in District Court today to enforce the Settlement Agreement. The hearing is set for October 30, 2002, at 9:00 a.m. Councilmember Grendahl asked if any of the new information related to drainage and a Mn/DOT permit can be submitted if the matter proceeds to Court? Mr. Dougherty said it could be prepared and a request could be made to the Court, but it would be up to the Judge whether to accept it. Mr. Gordon said the only improvement required of the City at this time is installation of water main along the west side of Pennock Avenue. Sanitary sewer and storm sewer do not have to be constructed at this time. Resolution No. 2002-193 MOTION: of Sterling, seconded by Goodwin, adopting ordering only the installation of eight-inch water main along the west side of Pennock Avenue, from Palomino Drive to the Palomino East Apartment site, portion of Project 93-334 Councilmember Grendahl noted that approval of this resolution does not mean or imply that action is being taken to condemn anyone’s property. Councilmember Goodwin asked if townhomes were proposed for this site, what kind of water line would be needed? Mr. Gordon said exactly the same kind of line, an eight-inch water main. Mr. Lawell noted the developer had indicated that water main installation is the only improvement required for action this year. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 2002-194 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for the water main along the west side of Pennock Avenue, from Palomino Drive to the Palomino East Apartment site portion of CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 2002 Page 6 Project 93-334 and authorizing advertising for bids to be received at 2:00 p.m. on October 31, 2002. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Mayor Hamann-Roland expressed appreciation to the Fire Department for conducting various Fire Prevention Week activities and open houses and noted many positive comments have been received from residents. The Mayor also noted the Target Superstore will hold its grand opening on October 13, 2002. The Council received a memo dated October 7, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated October 2, 2002, in the amount of $5,739,051.63; and October 9, 2002, in the amount of $7,907,109.97. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:15 o’clock p.m.