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HomeMy WebLinkAbout04/24/2003CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 24th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hama nn - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Building Official Aden, Police Captain Angli n, Assistant Planner Dykes, 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 - 5 - Nay s - 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 Bergman, seconded by Grendahl, approving all items o n the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the meeting of April 10th, 2003, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Gre ndahl, proclaiming April 27 through May 4, 2003, as “Days of Remembrance” in memory of the victims of the Holocaust. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, proclaiming April 25, 2003, as “Arbor Day” and May 2003, as “Arbor Month”, and urging citizens to participate in tree planting programs. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2003 Page 2 MOTION: of Bergman, seconded by Grendahl, approving an RF Control Use Agreement with the Metropolitan Radio Board to obtain and install two 800 MHz public safety radios i n the Dispatch Center, as attached to the Police Chief’s memo dated April 18, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 75 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing on 2003 Special Assessment Roll No. 515, delinquent utility charges in the amount of $74,700.34, at 8:00 p.m., on May 22, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving application and submittal of the final Natio nal Pollutant Discharge Elimination System (NPDES) II General Storm Water Permit and Pollution Prevention Plan as attached to the Natural Resources Coordinator’s memo dated April 24, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, re ceiving the Cemetery Advisory Committee’s 2002 Annual Report as attached to the Public Works Administrative Manager’s memo dated April 24, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, referring review of Chapter 50 of the City Cod e to the Urban Affairs Committee to determine whether the garbage/refuse collection provisions are up - to - date and continuing to serve the best interests of the community, as recommended in the City Administrator’s memo dated April 21, 2003. Ayes - 5 - Nay s - 0. MOTION: of Bergman, seconded by Grendahl, approving acquisition of a drainage and utility easement over part of Lot 3, Block 3, Rolling Ridge, and authorizing payment of $3,126.00 to Joel and Michelle Jacobson for the easement, as described in the City Engineer’s memo dated April 18, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 76 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Project 02 - 209, 2003 Street Maintenance Program, to Valley Paving, Inc., the low bidder, i n the amount of $1,350,635.00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 77 MOTION: of Bergman, seconded by Grendahl, adopting awarding the purchase of a Used Telescoping Aerial Lift Truck with Utility Body to ABM Equipment & Supply, Inc., the low bidder, in the amount of $76,708.76. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Projects 99 - 106, Seasons on The Park; 99 - 117, Whispering Pines (Shackleford Addition); and 00 - 144, East Valley Plaza 3rd Addition Sidewalk; as final an d authorizing final payment on the contract CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2003 Page 3 with Friedges Contracting Company, in the amount of $14,501.26. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting the Vehicle Exhaust Systems Project for Fire Stations No. 1, 2, and 3 as final and authorizing final payment on the contract with TNC Industries, Inc., in the amount of $78,926.00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 78 MOTION: of Bergman, seconded by Grendahl, adopting establishing no parking zones on the south side of Dory Avenue for 110 feet east of Diamond Path and on the north side of Dory Avenue between Diamond Path and 129th Street. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement with Michael’s Lawn Care and Snow Plowing Serv ice for 2003 Cemetery Mowing and Trimming Services, as attached to the Acting Public Works Supervisor’s memo dated April 24, 2003; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, a pproving an Agreement with Jirik Sod Farms, Inc., for 2003 Sod Replacement Services, as attached to the Acting Public Works Supervisor’s memo dated April 24, 2003; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement with Budget Sandblasting & Painting, Inc., for Reconditioning Ring Route Light Poles, as attached to the Acting Public Works Supervisor’s memo dated April 24, 2003; and authorizing the Mayor and City C lerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 79 MOTION: of Bergman, seconded by Grendahl, adopting approving Amendment to the City’s Flexible Spending Account Plan in compliance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, effective April 14, 2003; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring Todd Weiss for the position of Maintenance Worker I - Building Custodian as listed in the Personnel Report dated April 24, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring Bret Mann for the position of Maintenance Worker I - Utilities as listed in the Personnel Report Addendum da ted April 24, 2003. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2003 Page 4 MOTION: of Bergman, seconded by Grendahl, approving hiring the part - time and seasonal employees as listed in the Personnel Report and Addendum dated April 24, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, secon ded by Grendahl, proclaiming May 1, 2003, as “A Day of Prayer”, in observance of the National Day of Prayer, and encouraging citizens to gather together to pray, in their own way, and take advantage of prayer occasions being offered in the area. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICERS HORAZUK & PLANTZ Police Captain Anglin introduced Joel Horazuk and Brian Plantz, who have been hired as new Officers in the Department, and described their backgrounds. The City Cler k administered oaths of office to Officers Horazuk and Plantz and Police Chief Johnson presented them with their badges. The Council welcomed them and congratulated them on attaining their new positions. AMENDMENT OF BUSINESS SUBSIDY POLICY Mr. Kelley r eviewed his memo dated April 18, 2003; describing proposed amendment of the Business Subsidy Policy adopted February 10, 2000. Due to state law changes, effective May 1, 2003; policies no longer can allow case - by - case determinations on job creation and wa ge level requirements. The draft policy attached to the memo detailed the amended language. The Apple Valley Economic Development Authority also held a public hearing on the amendments at its April 24, 2003, meeting. Mayor Hamann - Roland called the publi c hearing to order at, 8:12 p.m., and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:13 a.m. MOTION: of Grendahl, seconded by Erickson, approving the amended Business Subsidy Policy, required by M.S. 116J.993 through 116J.995, revising criteria for evaluating projects to receive a subsidy, including number of jobs created and their wage levels, as attached to the Community Development Director’s memo dated April 18, 2003. Ayes - 5 - Nays - 0. WISE SWIM SCHOOL Ms. Dykes reviewed the Planning Commission recommendation for Wise Swim School, an 8,500 square foot, one - story building, proposed for a 1.5 - acre lo t at the southeast corner of 149th Street and Johnny Cake Ridge Road. The site plan identifies an area for a 4,480 square foot future expansion. However, an expansion of that size would require 74 parking spaces. The site plan shows CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2003 Page 5 53 parking spaces an d proof of parking for an additional 11 spaces. The City Code parking requirements would limit the total size of a future building to 10,868 square feet. She showed renderings of the building and exterior materials. Resolution No. 2003 - 80 MOTION: of Bergman, seconded by Erick son, adopting approving the site plan and authorizing issuance of a building permit for an approximately 8,500 square foot educational building on Lot 2, Block 1, Holiday Johnny Cake Addition, with conditions, as recommended by the P lanning Commission. Ayes - 5 - Nays - 0. COBBLESTONE LAKE 3RD ADDITION Mr. Lovelace reviewed his memo dated April 21, 2003, describing final approvals for Cobblestone Lake 3rd Addition, a 175 - lot mixed residential use development, that is part of the 32 0 acre development in the southeast corner of the City. The 68 - acre phase will have 78 single family, 10 two - family, and 285 townhouse dwelling units. He reviewed the draft ordinance rezoning the site to Planned Development No. 703 that identifies uses, area requirements, and performance standards for the new subzones. On March 27, 2003, a hearing was held to consider vacation of certain drainage and utility easements. Action can now be taken to complete vacation of those easements since replacement eas ements are being provided on the Cobblestone Lake 3rd Addition plat. He reviewed amendments to the Park Development Agreement, as attached to his memo dated April 23, 2003, that reflect modifications agreed to by the Parks and Recreation Advisory Committe e. Among the revisions are changes in the land dedication required with this phase, but the total overall dedication requirements are not reduced. Ordinance No. 723 MOTION: of Grendahl, seconded by Bergman, passing amending Appendix A28 of the City Code for Planned Development Designation No. 703 by rezoning the area for Cobblestone Lake 3rd Addition to be included in Zones 1, 2, 3, 5, and 7; and prescribing uses, area requirements, and performance standards therefor. Ayes - 5 - Nays - 0. Resolution No. 2003 - 81 MOTION: of Eri ckson, seconded by Goodwin, adopting approving completion of vacation of public grounds identified as four areas of drainage and utility easements in Cobblestone Lake and Cobblestone Lake 2nd Addition and authorizing recording the ne cessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the First Amendment to Cobblestone Park Agreement, as attached to the City Planner’s memo dated April 23, 2003, and authorizing the Mayor and City Clerk to sign t he same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 24, 2003 Page 6 Resolution No. 2003 - 82 MOTION: of Bergman, seconded by Grendahl, adopting approving the final plat and Development Agreement for Cobblestone Lake 3rd Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. REVISED STATE BUILDING CODE Mr. Aden gave the first reading of an ordinance amending Chapter 150 of the City Code by adopting the new State Building Code replacing the 1998 edition. The Code was published March 31, 2003, and is now in ef fect in the state. The 2003 State Code is now the International Building Code and changes the name of Building Code Department to Department of Building Safety. The International Code does not contain a fee schedule so the fee schedule in Appendix Chapte r 35 of the current City Code will not change. Because the Building Code is already in effect, it is recommended that the requirement for a second reading be waived. MOTION: of Erickson, seconded by Grendahl, waiving the requirement for a second reading Ordinance No. 724 and passing amending Chapter 150 of the City Code by adopting the 2003 Minnesota State Building Code as the building code of the City. Ayes - 5 - Nays - 0. SET JOINT MEETING WITH PLANNING COMMISSION MOTION: of Grendahl, seconded by Ber gman, setting a joint informal meeting with the Planning Commission, at 6:00 p.m., on April 30, 2003, at the Municipal Center, to discuss a proposed Accessory Unit Dwelling (AUD) ordinance and utility improvements for redevelopment areas, as described in t he Assistant Planner’s memo dated April 17, 2003. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated April 21, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pa y the claims and bills, check registers dated April 17, 2003, in the amount of $199,460.01; and April 24, 2003, in the amount of $4,268,670.90. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:51 o’clock p.m.