HomeMy WebLinkAbout05/22/2003CITY OF APPLE VALLEY
Dakota County, Minnesota
May 22, 2003
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May 22nd, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann - R oland; Councilmembers Bergman, Erickson, and Goodwin.
ABSENT: Councilmember Grendahl.
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, Parks & Recreation Director Johnson,
Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Human
Resources Manager Strauss, and Fire Chief Wassmund.
Mayor Hamann - Rola nd 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 Goodwin, approving the agenda for tonight’s meeting as
amended. Ayes - 4 - 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 Bergman, seconded by Erickson, approving all items on the consent agen da
with no exceptions; noting that Bergman was abstaining on a donation to the
cemetery and that Hamann - Roland was abstaining on personnel items. Ayes - 4 -
Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Erickson, approving the minutes o f the regular meeting
of May 8th, 2003, as written. Ayes - 4 - Nays - 0.
Resolution No. 2003 - 95
MOTION: of Bergman, seconded by Erickson, adopting accepting,
with thanks, the donation of $300.00 from John and Kay Bergman toward the
purchase of landscapin g materials for Lebanon Cemetery. Ayes - 3 - Nays - 0
(Bergman Abstained).
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 22, 2003
Page 2
Resolution No. 2003 - 96
MOTION: of Bergman, seconded by Erickson, adopting accepting,
with thanks, the donation of a 1986 Mercury Marquis automobile, valued at
$1,530.00, from Susa n Ebert, 7351 West 146th Way, for use by the Fire
Department in training. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving issuance of a temporary license for
an outdoor special event to H.O. C., Inc., d/b/a Rascals Apple Valley B ar & Grill,
on June 27, 2003, from 5:00 p.m. to 12:00 midnight, for use in the parking lot at
7721 West 147th Street; and approving temporary street closings for a car show,
with conditions, as described in the City Clerk’s memo dated May 19, 2003. Ayes
- 4 - Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving a Joint Powers Agreement with
Dakota County for the 2003 Wetland Health Evaluation Program, at a cost of
$3,850.00, as attached to the Natural Resources Coordinator’s memo dated May
21, 20 03, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -
Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving a Contract for Services with Dan
Bale as Team Leader for the 2003 Wetland Health Evaluation Program, at a fee of
$2,00 0.00, as attached to the Natural Resources Coordinator’s memo dated May
22, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -
Nays - 0.
Resolution No. 2003 - 97
MOTION: of Bergman, seconded by Erickson, adopting receiving
the prel iminary engineering feasibility report for Project 02 - 202, 153rd Street
(Dodd Road) Construction Between Easter Avenue and Diamond Path, and setting
a public hearing on it, at 8:00 p.m., on June 12, 2003. Ayes - 4 - Nays - 0.
Resolution No. 2003 - 98
MOTION: of Bergman, seconded by Erickson, adopting directing
the City Engineer to prepare plans and specifications for Project 02 - 202, 153rd
Street (Dodd Road) Construction Between Easter Avenue and Diamond Path.
Ayes - 4 - Nays - 0.
Resolution No. 2003 - 99
MOTION: of Bergman, secon ded by Erickson, adopting awarding
the contract for Project 03 - 215, Knob Ridge Business Park Utility Improvements,
to Three Rivers Construction, Inc., the low bidder, in the amount of $329,696.50.
Ayes - 4 - Nays - 0.
MOTION: of Be rgman, seconded by Erickson, accepting the Reroofing Project for Redwood
Community Center as final and authorizing final payment on the Contract with
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 22, 2003
Page 3
Dun - Rite Roofing Company, Inc., in the amount of $17,500.00. Ayes - 4 - Nays -
0.
MOTION: of Bergman, se conded by Erickson, approving a 2003 - 2004 Contract with
SafeAssure Safety Consultants, Inc., for safety consulting services, in the amount
of $9,990.00, as attached to the Human Resources Manager’s memo dated May
19, 2003, and authorizing the Mayor and Cit y Clerk to sign the same. Ayes - 4 -
Nays - 0.
MOTION: of Bergman, seconded by Erickson, approving hiring the part - time and seasonal
employees as listed in the Personnel Report and Addendum dated May 22, 2003.
Ayes - 3 - Nays - 0 (Hamann - Roland Abstaine d).
END OF CONSENT AGENDA
$1,905,000 TAXABLE TAX INCREMENT REFUNDING BONDS OF 2003
Steve Mattson, of Northland Securities, fiscal consultant for the City, was present and reviewed
his company’s offer to purchase General Obligation Taxable Tax Increment Refunding Bonds of
the City in a negotiated sale. The refunding bonds are proposed to refinance a 1995 bond issue
and reduce the average interest rate from 8.806 percent to 3.9064 percent. The term of the bond
issue will also be shortened by three years and result in net savings of $697,784.15 to the City.
Resolution No. 2003 - 100
MOTION: of Goodwin, seconded by Bergman, adopting providing
for the issuance and sale of the City’s $1,905,000 General Obligation Taxable Tax
Increment Refunding Bonds of 2003 t o Northland Securities, Inc., at a net
effective interest rate of 4.1510 percent, and authorizing execution of the
necessary documents to complete the sale. Ayes - 5 - Nays - 0.
2003 SPECIAL ASSESSMENT ROLL 515
Mayor Hamann - Roland called the public hear ing to order, at 8:06 p.m., on Special Assessment
Roll No. 515 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller
reviewed her memo dated May 19, 2003, describing the assessment roll, totaling $68,254.72, for
delinquent u tility 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 8:07 p.m.
R esolution No. 2003 - 101
MOTION: of Erickson, seconded by Goodwin, adopting approving
and levying 2003 Special Assessment Roll No. 515, delinquent utility charges, in
the total amount of $68,254.72. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 22, 2003
Page 4
REGATTA PARK GRADING
Mr. Gordon reviewed his memo dated May 19, 2003, describing a pro posal to relocate and lower
a segment of Williams Pipeline at the northeast corner of Regatta Park. Fischer Sand &
Aggregate would do the relocation and grading work at no cost to the City; leveling an existing
hill on the property. Playing fields that h ave been constructed in the park would not be affected.
A letter has been sent to the surrounding neighborhood informing them of the potential work. No
issues have been raised by residents receiving the notification or by the Parks and Recreation
Advisor y Committee.
MOTION: of Erickson, seconded by Goodwin, approving a Grading Permit Agreement with
Fischer Sand & Aggregate for grading and trenching to relocate a segment of
Williams Pipeline on Outlot C, Regatta, as attached to the City Engineer’s memo
da ted May 19, 2003; subject to modifications acceptable to the City Attorney and
City Administrator, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 4 - Nays - 0.
ORDINANCE AMENDING ADULT ENTERTAINMENT REGULATIONS
Mr. Kelley reviewed his memo dated May 15, 2003, concerning a proposed ordinance amending
Chapter 110 of the City Code regulating Adult Entertainment Businesses. The amendment
strengthens language prohibiting patronage by minors, requires inventory reporting, and limits
visibil ity of merchandise from outside of the premises. Since there is now no adult business
licensed in the City, he recommended that the Council waive a second reading of the ordinance
and pass it.
MOTION: of Goodwin, seconded by Erickson, waiving the procedu re for a second reading
Ordinance No. 725
and passing amending City Code Chapter 110 regarding adult
entertainment businesses by revising certain licensing and operating conditions.
Councilmember Goodwin said he appreciated ongoing review of these regulat ions and
would like them to be a tight as possible. The Council asked that court rulings continue to
be monitored and any further recommended changes be brought forward.
Vote was taken on the motion. Ayes - 4 - Nays - 0.
COMMUNICATIONS & CALENDAR
Th e Council discussed issues related to abandoned houses and property maintenance and asked
whether there is more enforcement that can be done. Mr. Lawell said Code Enforcement has
been looking at properties, with respect to enforcing property maintenance r egulations. In most
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 22, 2003
Page 5
cases, property that people have had issues with is still in compliance as far as roofs, windows,
siding, etc, are concerned.
Mr. Dougherty said Minneapolis’s ordinance, related to registering vacant houses, is being
reviewed to deter mine if it has provisions that might be applicable in Apple Valley. It was also
noted that changes in language in the City Code describing the height of grass and weeds might
need to be made for clarification.
The Council received a memo dated May 19, 20 03, with a calendar listing upcoming events.
CLAIMS AND BILLS
MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers
dated May 15, 2003, in the amount of $13,824,012.69; and May 22, 2003, in the
amount of $5,516,127.27. A yes - 4 - Nays - 0.
CANCEL INFORMAL MEETING
MOTION: of Bergman, seconded by Erickson, canceling the 6:30 p.m. informal meeting of
June 12, 2003; noting the regular meeting at 8:00 p.m., on June 12, 2003, will be
held. Ayes - 4 - Nays - 0.
MOTION: of Go odwin, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 8:29 o’clock p.m.