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HomeMy WebLinkAbout12/12/2002CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 12th, 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, Accountant Broughten, Golf Course Manager Dodge, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks 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 Erickson, seconded by Sterling, approvi ng 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, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of November 26th, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving renewal for the year 2003 of all current Off-Sale 3.2 Percent Malt Liquor or Beer Licenses as listed in the City Clerk’s memo dated December 9, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, appointing Kern, DeWenter, Viere, Ltd., as auditors for the 2002 City audit, for a fee of $29,500.00, and authorizing the CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Page 2 Mayor and City Clerk to sign the letter of understanding attached to the Finance Director’s memo dated December 2, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, appointing Northland Securities, Inc., as the City’s Financial Services Advisory Consultant as recommended in the Finance Director’s memo dated December 6, 2002. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, setting the 2003 fee schedules for Valleywood Golf Course and Apple Valley Sports Arena and Hayes Park Arena ice rental, as attached to the Parks and Recreation Director’s memo dated December 6, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-221 MOTION: of Goodwin, seconded by Sterling, adopting approving the 2003-2007Capital Improvements Program for the City, as amended and attached to the Assistant to the City Administrator’s memos dated December 12, 2002, as an amendment to the Comprehensive Plan and authorizing submitting it to the Metropolitan Council for approval. Ayes - 5 - Nays - 0. Resolution No. 2002-222 MOTION: of Goodwin, seconded by Sterling, adopting approving the Water Supply and Distribution Plan October 2002 as an amendment to the Utilities Chapter of the Comprehensive Plan and authorizing submitting it to the Metropolitan Council for approval. Ayes - 5 - Nays - 0. Resolution No. 2002-223 MOTION: of Goodwin, seconded by Sterling, adopting approving the final plat and Development Agreement for The Legacy of Apple Valley and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving reduction of su bdivision financial guarantees for Hawthorne, from $3,070,750.00 to $1,256,500.00, and for Boulder Ridge, from $25,000.00 to $5,500.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract with Northwest Asphalt for Project No. 01-156, Majestic Ridge Utility and Street Improvements, in the amount of an additional $9,091.00. Ayes - 5 - Nays - 0. Resolution No. 2002-224 MOTION: of Goodwin, seconded by Sterling, adopting prohibiting “U-Turns” on southbound Galaxie Avenue at the entrance to the Dakota County Western Service Center and ordering installation of appropriate signage. Ayes - 5 - Nays - 0. Resolution No. 2002-225 MOTION: of Goodwin, seconded by Sterling, adopting approving and implementing the 2003 Employee Pay and Benefit Plan. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Page 3 MOTION: of Goodwin, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report dated December 12, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PICKLED PARROT ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:02 p.m., to consider the application of Pickled Parrot II, LLC, d/b/a Pickled Parrot, for On-Sale and Sunday Liquor Sales Licenses, and noted receipt of the affidavit of publication of the hearing notice. The licenses are requested in connection with a restaurant being constructed at 14889 Florence Trail as described in the City Clerk’s memo dated December 9, 2002. Mr. John White, representing the applicant, was present to answer questions. He said the building is nearing completion and they hope to be able to open January 10, 2003. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:05 p.m. Resolution No. 2002-226 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of On-Sale and Sunday Liquor Sales Licenses, expiring December 31, 2003, to Pickled Parrot II, LLC, d/b/a Pickled Parrot, in Fischer Marketplace, at 14889 Florence Trail, including the fenced outdoor patio area on the southwest side of the building, subject completion of the building for occupancy prior to the licenses becoming effective. Ayes - 5 - Nays - 0. 2003 LIQUOR, WINE & BEER LICENSE RENEWALS Mayor Hamann-Roland called the public hearing to order at 8:07 p.m. to consider renewal applications for on-sale liquor, wine and beer licenses for the year 2003 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk stated a list of the applications is attached to her memo dated December 9, 2002. Necessary checks of police and tax records have been conducted and indicate nothing, which would preclude renewing the licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:09 p.m. MOTION: of Goodwin, seconded by Grendahl, approving renewal, for 2003, of on-sale liquor Resolutions No. 2002-227 and wine licenses by adopting for Apple American Limited Partnership of Minnesota, d/b/a Applebee’s Neighborhood Grill & Bar; No. 2002-228 No. 2002-229 for Rich Mgt., Inc., d/b/a Apple Place; for Blazin No. 2002-230 Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; for H.O.C., Inc., No. 2002-231 No. 2002-232 d/b/a Rascals; for Lancer Food Service, Inc.; for No. 2002-233 LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon; for No. 2002-234 Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley; for No. 2002-235 Wadsworth Old Chicago, Inc., d/b/a Old Chicago; for RT No. 2002-236 Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; for Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Page 4 No. 2002-237 American Legion Post 1776; for Grand Central Station, Inc., d/b/a No. 2002-238 Broadway Station Apple Valley; for Chipotle Mexican Grill of No. 2002-239 Colorado, LLC, d/b/a Chipotle Mexican Grill; for D & D of No. 2002-240 Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack; for JI, Inc., No. 2002-241 d/b/a Jade Island Chinese Cuisine; and for The Noodle Shop, Co. - Minnesota, Inc., d/b/a Noodles & Company; and approving renewal of on-sale beer licenses as listed in the City Clerk’s memo dated December 9, 2002. Ayes - 5 - Nays - 0. BLOMQUIST 1ST ADDITION & OFFICE BUILDING Ms. Dykes reviewed the Planning Commission’s recommendation on a proposed minor subdivision and building permit application for a four-acre parcel at the northeast corner of 147th Street and Guthrie Avenue. The parcel is now platted as Outlot A, Bakken 1st Addition, and would be subdivided into two lots and a 5,000 square-foot professional building constructed on the western lot. She reviewed the site and landscaping plans, which meet ordinance requirements. The building exterior elevations and material samples also comply with the City Code. Resolution No. 2002-242 MOTION: of Sterling, seconded by Goodw in, adopting approving the final plat of Blomquist First Addition (replat of Outlot A, Bakken 1st Addition), subject to providing an eight-foot wide easement for sidewalk on 147th Street, as recommended by the Planning Commission, and waiving the requirement for a subdivision agreement. Ayes - 5 - Nays - 0. Resolution No. 2002-243 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for an office building on Lot 1, Block 1, Blomquist First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. REGATTA COMMONS COMMUNITY BUILDING Mr. Lovelace reviewed the Planning Commission recommendation on the site plan and building permit application for a 3,882 square-foot community building, with adjacent outdoor pool, in Regatta Commons. The building will be part of the four-building 228-unit apartment complex located east of Foliage Avenue between 157th and 158th Streets. He reviewed the exterior elevations and materials and showed architectural renderings of the building. Resolution No. 2002-244 MOTION: of Erickson, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for a community building on Lot 1, Block 1, Regatta Commons, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. PROPERTY TAX LEVY & 2003 CITY BUDGET CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Page 5 Mr. Ballenger reviewed the budget process and meetings held to consider setting the property tax levy and 2003 City budget including a public hearing on December 11, 2002. He gave an overview of the proposed budget with revenue of $35,975,473 and expenditures of $35,840,744. The tax levy proposed is $15,993,034. Resolution No. 2002-245 MOTION: of Goodwin, seconded by Eric kson, adopting approving setting the City tax levy collectible in 2003 at $15,993,034 and approving 2003 budgets with total revenue of $35,975,473 and expenditures of $35,840,744. Councilmember Grendahl commented on a comparison of tax rates for various cities from the City of Shoreview’s web site. It showed Apple Valley with the sixth highest rate at 45.94. She commented on a graph used at the City of Eagan’s budget hearing that showed tax comparisons on a $185,000 valued home. Eagan’s taxes are $525, Apple Valley’s are $717, and the 18-city average is $637. She also reviewed a chart, from a Star Tribune article, comparing cities’ tax levies on a per capita basis with Apple Valley at $343 per person. In all, she believes the City is spending too much. Mr. Ballenger noted the comparison of tax rates was from 2002 and does not show how many dollars are raised by the rate. It also does not take into account the differing amounts of state aid cities receive. Councilmember Goodwin said the annual comparison prepared by the Taxpayers League uses a different formula in comparing 110 cities. Its previous comparisons showed Apple Valley ranking in the 70 range. He asked to have a copy of the current comparison for the next Council meeting. Councilmember Grendahl referred to page 12 of the budget document stating it shows a 31.5 percent increase in expenditures since 2000 and that is too high. She said, at the December 11th budget hearing, the impression was given that employees were bearing 40 percent of health insurance cost. Actually most employees carry single coverage and receive a $60 payment. Mr. Ballenger said about 40 percent of employees carry family coverage and four tiers of coverage are available. An employee pays 48 percent of the premium for full family coverage. The City’s maximum contribution for insurance is $550 per month per employee. Only those who do not use the full insurance contribution can receive up to a $60 payment for deferred compensation. Councilmember Grendahl said the budget includes three-percent salary increases and noted Savage just negotiated a labor agreement at 1.5 percent for 2003. She expressed concern about the amount shown for contingency as well as fund balances being carried forward. Mr. Ballenger said for 2002, contingency funds were used for the Code Enforcement vehicle and Small Area Plan consultant costs. Expenditures in 2002 will reduce fund balances to about $11,000,000. CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Page 6 Councilmember Grendahl expressed concern about money spent on lobbying costs and read an article from the Star Tribune showing those costs increasing. In general, she believes the proposed City budget is bloated and she will vote against it. Councilmember Goodwin commented on information reported by the State Auditor’s office and said perhaps the new Auditor understands the problem and will develop better comparisons. His taxes are going up $6.00 and his property value increased 10 percent and believes the services provided are a good value. With the State budget crises, there will be a huge revision in how state aid is distributed. The gist of the article on lobbying costs was about those cities that join associations and also hire their own lobbyists and he disagrees this that also. Councilmember Sterling commended Councilmember Grendahl for collecting the information, but believes the budget is conservative. No additional personnel are proposed and revisions were made to the Capital Improvement Program to reflect items actually included in the 2003 budget. Councilmember Erickson said, in the comparison of 110 taxing jurisdictions, the City’s ranking looks very good. The majority of the budget is for services and when it can be determined where to cut services then the budget can be reduced. Mayor Hamann-Roland read a letter from Wilton Anderson, 5441 West 134th Street, commending the Council for holding down City property taxes. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Grendahl). Resolution No. 2002-246 MOTION: of Goodwin, seconded by Erickson, adopting setting water and sewer utility rates effective January 1, 2003, increasing water consumption charges by two percent and sanitary sewer charges by 2.9 percent. Ayes - 5 - Nays - 0. COMMISSION & COMMITTEE VACANCIES Mr. Lawell reviewed a memo dated December 9, 2002, describing a pending vacancy on the Planning Commission, due to the resignation of John Bergman, and; two vacancies on the Parks and Recreation Advisory Committee, due to the death of Greg Kopischke and resignation of John DiRico. He suggested the Council schedule appointments for January 9, 2003. MOTION: of Erickson, seconded by Grendahl, accepting the resignations of John Bergman and John DiRico, from the Planning Commission and Parks and Recreation Committee, respectively, and thanking them for their service; and declaring, with regret, a vacancy on the Parks and Recreation Committee due to the death of Greg Kopischke; accepting applications for appointments to the positions until CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2002 Page 7 December 23, 2002, and scheduling appointments for consideration at the January 9, 2003, meeting. Ayes - 5 - Nays - 0. SET 2003 MEETING SCHEDULE MOTION: of Goodwin, seconded by Erickson, setting 2003 regular City Council meetings, at 8:00 p.m., on the second and fourth Thursdays of each month and informal meetings, at 6:30 p.m., on the second Thursday of each month, except for holiday adjustments, in accordance with adopted policy; as shown in the City Clerk’s memo dated December 9, 2002. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated December 9, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated December 5, 2002, in the amount of $27,992,939.04; and December 12, 2002, in the amount of $402,709.57. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:13 o’clock p.m.