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HomeMy WebLinkAbout11/26/2002CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 26th, 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, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, 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 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, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of November 14th, 2002, as written. Ayes - 3 - Nays - 0 (Hamann-Roland and Sterling Abstained). Resolution No. 2002-211 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1992 Honda automobile from Karen Senden, 4945 West 142nd Path, Apple Valley, to the Fire Department for use in training. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2002 Page 2 Resolutions No. 2002-212, 2002- MOTION: of Grendahl, seconded by Goodwin, adopting 213, 2002-214 and approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on January 11, March 8, and May 3, 2003, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a revised Lease Agreement with Dakota County Technical College for the old City Hall Building, as attached to the Assistant to the City Administrator’s memo dated November 26, 2002, and authorizing the Mayor and City Clerk to sign the same subject to minor changes approved by the City Attorney and City Administrator. Ayes - 5 - Nays - 0. Resolution No. 2002-215 MOTION: of Grendahl, seconded by Goodwin, adopting approving a Public Purpose Expenditure Policy to clarify the types of expenditures deemed appropriate by the Council. Ayes - 5 - Nays - 0. Resolution No. 2002-216 MOTION: of Grendahl, seconded by Goodwin, adopting awarding a contract for Project 02-208, Deep Wells 5, 10, and 14, and Water Treatment Plant Low Zone Pump 4 Maintenance, to Keys Well Drilling Company, the low bidder, in the amount of $64,275.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 6 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 and 3 Additions and Remodeling, in the amount of an additional $14,349.00. Ayes - 5 - Nays - 0. Resolution No. 2002-217 MOTION: o f Grendahl, seconded by Goodwin, adopting authorizing the sale of 60 used Motorola Minitor II pagers with chargers, no longer of use to the Fire Department, by advertising for sealed bids to be received on January 9, 2003, at 2:00 p.m. Ayes - 5 - Nays - 0. Resolution No. 2002-218 MOTION: of Grendahl, seconded by Goodwin, adopting approving the Escrow Agreement for defeasance of a portion of the outstanding General Obligation Refunding Bonds of 1997, due on or after June 1, 2003, (Linville Tax Increment Financing District) and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-219 MOTION: of Grendahl, seconded by Goodwin, adopting approving three amendments to the Bylaws of the Apple Valley Firefighters’ Relief Association as approved by the membership at a meeting held October 13, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-220 MOTION: of Grendahl, seconded by Goodwin, adopting making a determination that even though Fire Chief Keith Wassmund is a retired member of CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2002 Page 3 the Department, his experience with and service to the Apple Valley Fire Department, in his full-time capacity, would be difficult to replace and he has been hired, in a full-time capacity, by the City. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring David Drozdowski for the position of Police Officer, as listed in the Personnel Report dated November 22, 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 November 22, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA EASTWOOD RIDGE NRMP AMENDMENT Ms. Bodmer reviewed her memo dated November 21, 2002, concerning the Planning Commission’s recommendation on an amendment to the Natural Resources Management Permit (NRMP) for Lot 16, Block 1, Eastwood Ridge. The request is for removal of a hill and 13 trees on the north side of the lot to allow construction of a 58-foot wide single family home. The Natural Resources Coordinator reviewed the request and, due to the health of the trees and their potential threat to any home built on the lot, concurs with their removal and replacement. MOTION: of Sterling, seconded by Erickson, approvin g an amendment to the Natural Resources Management Permit for Lot 16, Block 1, Eastwood Ridge (13208 Grand Oak Court), allowing removal of 13 trees and removal of a hill provided that the home is shifted south, 10 feet from the side lot line; a two-foot high berm is installed along the north lot line; and 13 replacement trees are planted, 10 along the north lot line and three elsewhere on the lot; as recommended by the Planning Commission. Bill Diedrich, the developer, said the buyer would like to have eight trees along the north side of the lot to allow a view of the pond across the street and space for a swimming pool. The other five trees could be placed elsewhere on the lot or on another lot in the subdivision. Ms. Bodmer said the permit required 120 to 130 trees to be saved or replaced and the developer agreed with the plan. The intent of replacing the hill and trees was to provide screening from 132nd Street. Councilmember Goodwin commented on the problem of maintaining a swimming pool on a lot with trees. Councilmember Erickson said he would like to make sure the buyer is agreeable to having the trees replaced and wants them. He would also want to make sure that the total number of trees saved or replaced comply with the NRMP. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2002 Page 4 The Council received a letter dated November 26, 2002, from Todd Winters, the buyer, stating he agreed with lowering the hill and replacement of the trees. Dan Wohlers, his father-in-law, was present and said Mr. Winters was not able to attend the meeting, but agreed with the plan to plant eight or nine trees instead of 13. MOTION: of Erickson, seconded by Goodwin, amending the foregoing motion by requiring replacement of eight trees along the north lot line and one on the west side, instead of 13; and directing Staff to work with the developer and review the project to assure that the total number of trees saved or replaced in the subdivision meets the intent of the Natural Resources Management Permit. Ayes - 5- Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. LEGACY OF APPLE VALLEY PARK DEDICATION Mr. Kelley reviewed the memo dated November 22, 2002, describing the Parks and Recreation Committee’s recommendation on park dedication for The Legacy of Apple Valley. The 28-acre site requires dedication of approximately 9.5 acres of park land or $523,315.00 cash in lieu of the land. The proposal is for the City to accept 1.38 acres of parkland, credited at $138,000.00, around the storm water pond. The developer would pay for approximately $200,000.00 of improvements to the park that the City would install. The developer would also pay approximately $200,000.00 into the park dedication fund for future park needs of the City. Councilmember Grendahl asked how the quality of the storm water pond will be maintained to prevent the appearance of a ditch? Mr. Kelley said the pond will have a limited area draining directly into it. A fountain is also proposed that will provide aeration. Paved areas around the pond will slope away from it and drain to the storm sewer system. MOTION: of Erickson, seconded by Sterling, approving the Parks and Recreation Advisory Committee’s recommendation on park dedication requirements for The Legacy of Apple Valley development with acceptance of 1.38 acres of land, $200,000.00 for improvements, and payment of $200,000.00 toward the park dedication fund; as described in the memo dated November 22, 2002. Ayes - 5 - Nays - 0. MEETING SCHEDULE FOR REMAINDER OF 2002 MOTION: of Grendahl, seconded by Erickson, setting the la st City Council meeting of 2002, at 7:30 a.m., on Friday, December 20, 2002, at the Municipal Center. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, canceling the previously scheduled City Council meeting of December 26, 2002. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2002 Page 5 COMMUNICATIONS & CALENDAR Councilmember Sterling noted that, with her retirement, Apple Valley will have a vacancy on the ALF Ambulance Board next year. She invited any Councilmembers interested in the position to attend the Board’s next meeting on December 20, 2002, at 2:00 p.m., to familiarize themselves with the issues. Mayor Hamann-Roland thanked everyone involved for preparing for and participating in the “17th Annual Holiday Tree Lighting Ceremony” held prior to the meeting. The Council received a memo dated November 22, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated November 21, 2002, in the amount of $11,902,991.10; and November 26, 2002, in the amount of $1,684,134.36. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:59 o’clock p.m.