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HomeMy WebLinkAbout10/24/2002CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 24th, 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, Finance Director Ballenger, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, 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 Cub Scout Troop 499. APPROVAL OF AGENDA MOTION: of Erickson, 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 Erickson, seconded by Grendahl, moving minutes of the meeting of October 10, 2002, to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Grendahl, proclaiming October 21 to 25, 2002, as “Minnesota Manufacturing and Technology Week” in recognition of the importance of manufacturing to the local economy. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, approving the 2002-2003 Oak Wilt Grant Agreement with the Minnesota Department of Natural Resources, in the amount of $18,000.00, as attached to the Natural Resources Coordinator’s memo dated October 24, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2002 Page 2 MOTION: of Erickson, seconded by Grendahl, granting a setback variance to allow construction of a porch addition to within 23 feet of the front lot line on Lot 10, Block 7, Greenleaf 6th Addition (5649 Upper 136th Street Court) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, approving a revised site plan fo r Pickled Parrot Restaurant, excluding the four-foot sidewalk from the outdoor patio area to the rear parking area, on Lot 1, Block 1, Fischer Market Place 7th Addition; subject to the Planning Commission’s recommendation for the most southerly 10 parking spaces to be signed “Employee Parking Only”, as described in the City Planner’s memo dated October 21, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-195 MOTION: of Erickson, seconded by Grendahl, adopting approving the final plat and Development Agreement for Summerhill of Apple Valley and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-196 MOTION: of Erickson, seconded by Grendahl, adopting approving the final plat and Development Agreement for Talcott Glen and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-197 MOTION: of Erickson, seconded by Grendahl, adopting approving specifications for Project 02-208, Deep Wells 5, 10, and 14, and Water Treatment Plant Low Zone Pump 4 Maintenance, and authorizing advertising for bids to be received, at 2:00 p.m., on November 7, 2002. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, approving Change Order No. 3 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 and 3 Additions and Remodeling, in the amount of an additional $14,425.00. Ayes - 5 - Nays - 0. Resolution No. 2002-198 MOTION: of Erickson, seconded by Grendahl, adopting establishing no parking restrictions on the south side of 126th Street from Johnny Cake Ridge Road to 120 feet east of Fairgreen Avenue. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, approving a Lease Agreement with VoiceStream Minneapolis, Inc., for an antenna site on Longridge Water Reservoir, as attached to the Public Works Director’s memo dated October 24, 2002, contingent upon approval by Sprint Spectrum L.P. or after 30 days if an objection is not received, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-199 MOTION: of Erickson, seconded by Grendahl, adopting calling for the redemption of $95,000 of the outstanding General Obligation Taxable Tax Increment Bonds of 1994 effective December 1, 2002. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2002 Page 3 Resolution No. 2002-200 MOTION: of Erickson, seconded by Grendahl, adopting calling for the redemption of $905,000 of the outstanding General Obligation Refunding Bonds of 1995 effective December 1, 2002. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grenda hl, establishing the City’s contribution of $550.00 per month towards employee health/dental/life insurances for benefit eligible employees covered by the Pay and Benefit Plan effective January 1, 2003, as recommended in the Human Resources Manager’s memo dated October 21, 2003. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, approving the temporary assignment of Rodney Rippentrop as Acting Public Works Supervisor- Streets, as listed in the Personnel Report dated October 24, 2002. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated October 24, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MINUTES OF OCTOBER 10, 2002 Councilmember Grendahl said she does not believe a motion was made to approve Resolution No. 2002-194, approving plans and specifications and advertising for bids for the water main portion of Project 93-334 for Palomino East Apartments, as shown in the October 10, 2002, minutes. She asked that the meeting tape be reviewed and asked the City Attorney what would happen if bids were not authorized. Mr. Dougherty said the estimate would have to be reviewed to determine if bids were required based on the amount. MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of October 10th, 2002, without the motion approving Resolution No. 2002-194 unless review of the meeting tape shows action was taken by the Council. Ayes - 5 - Nays - 0. CRIME PREVENTION ASSOCIATION OFFICER OF THE YEAR Police Chief Johnson advised the Council that the Minnesota Crime Prevention Association presented Police Officer JoEllen Rutzen with its Law Enforcement Officer of the Year award last night. The Council congratulated her on receiving the award and on her outstanding efforts for work with the business community. 2002 SPECIAL ASSESSMENT ROLLS 509, 510 & 512 CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2002 Page 4 Mayor Hamann-Roland called the public hearing to order, at 8:15 p.m., on Special Assessment Rolls No. 509, 510, 512 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 21, 2002, describing the assessment rolls, totaling $3,526,258.00, for improvement projects. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:16 p.m. Resolution No. 2002-201 MOTION: of Goodwin, seconded by Sterling, adopting approving and levying 2002 Special Assessment Rolls No. 509, 510, and 512, in the total amount of $3,526,258.00. Ayes - 5- Nays - 0. 2002 SPECIAL ASSESSMENT ROLL 511 Mayor Hamann-Roland called the public hearing to order, at 8:17 p.m., on Special Assessment Roll No. 511 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 21, 2002, describing the assessment roll, totaling $52,030.68, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:18 p.m. Resolution No. 2002-202 MOTION: of Grendahl, seconded by Erickson, adopting approving and levying 2002 Special Assessment Roll No. 511, in the total amount of $52,030.68. Ayes - 5 - Nays - 0. PALOMINO EAST APARTMENTS UPDATE Mr. Lawell reviewed his memo dated October 21, 2002, updating the Council on the Palomino East Apartments project. No other City Council action is pending at this time. The City has received approvals from the Pollution Control Agency for sanitary sewer and from the Department of Health for water main. The Council also received a copy of a letter dated October 18, 2002, from David Keller, representing area resident Joe Taylor, to Peter Coyle, representing the developer, raising objections to the project, asserting various property rights, and contemplating a civil action. Some issues with the actual site plan were raised. The June 2002 site plan indicated one retaining wall on the westerly side of the property and was the plan before the Council when the Natural Resources Management Plan was issued. The September 2002 site plan indicates two retaining walls on the westerly side of the property and was the plan submitted for the building permit. The inconsistency was brought to Mr. Coyle’s attention and the June 2002 plan will be used. The building itself has been modified and will be about four feet narrower. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2002 Page 5 Issues were raised about the final plat. Dakota County is reviewing the plat and any corrections or technicalities relative to its survey requirements will be determined by it. The memo was received for information only. METROPOLITAN COUNCIL BLUEPRINT 2030 Mr. Kelley reviewed his memo dated October 21, 2002, concerning the Metropolitan Council proposed Blueprint 2030. It is an update of its 2020 Blueprint and a public hearing was held October 16, 2002, on the proposal. Written comments are being taken until October 28, 2002, and a letter addressing Apple Valley’s concerns has been prepared for consideration. The policies of the Blueprint guide various metropolitan system plans including transportation, airports, wastewater treatment, and regional parks and open space. It also addresses affordable housing and environmental issues. The comments, proposed to be submitted, deal with: Funding resources to address transportation needs along the transportation corridors to which growth is being directed. Concern about the issue of development in “collar counties” and its coordination. Acknowledging that the need for affordable housing cannot be adequately addressed without the support of new financial resources. The Council concurred with submitting the letter. SET SPECIAL MEETING MOTION: of Goodwin, seconded by Grendahl, setting a special meeting, at 7:30 a.m., on Friday, November 8, 2002, at the Municipal Center, to canvass results of the November 5, 2002, General Election. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Goodwin said recently there have been news articles about the crime rate in the City and he asked the Police Chief for information. Chief Johnson reviewed a 2001 crime rate index with rates of reported crime in various communities. The statistics showed Apple Valley as being comparable to Eden Prairie and Minnetonka. He noted the rate of increase from 1999 to 2001 is low compared with population growth during the time period. Councilmember Grendahl asked Staff to communicate with MnDOT about replacing the Zoo directional sign it removed on Cedar Avenue. Councilmember Sterling reported on the National League of Cities FAIR Committee meeting she attended last week in Ames, Iowa. Among the items discussed was the Federal Government’s loss of income tax revenue this year. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2002 Page 6 Councilmember Goodwin said he has received many comments from citizens supporting the Council’s action to lease the old City Hall building to Dakota County Technical College. Mayor Hamann-Roland said the proclamation for Manufacturing Week was presented to Uponor Wirsbo earlier tonight supporting its presence in the City. Ed Kearney, Chamber of Commerce President, was present and said the company, with its headquarters in Apple Valley, has been a great corporate citizen. He also expressed appreciation to Charles Grawe for his work in improving operations of the Convention and Visitors Bureau during the past month. The Council received a memo dated October 21, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: o f Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated October 16, 2002, in the amount of $7,634,725.32; and October 24, 2002, in the amount of $755,433.51. 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 the Gennadiy Balandin claim. MOTION: of Erickson, seconded by Sterling, to close the regular meeting and convene in closed session to discuss the claim of Gennadiy Balandin with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 9:12 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 9:19 p.m., along with City Attorney Dougherty, League of Minnesota Cities Insurance Trust appointed Attorneys Joseph Flynn and Pete Regnier, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson, Police Officer Eagle, and Police Captains Anglin and Lohse. 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. Mr. Flynn and Mr. Regnier then discussed the Gennadiy Balandin matter with the Council. The Council reconvened in open session at 10:45 p.m. MOTION: of Erickson, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:46 o’clock p.m.