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HomeMy WebLinkAbout12/20/2002CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 20th, 2002, at 7:30 o’clock a.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 to the Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Strauss, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 7:30 a.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Sterling, seconded by Erickson, approving the agenda for today’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. There was no one was present to speak. CONSENT AGENDA Ann Stone, 315 Cimarron Road, asked the Council to table or deny Galles Addition preliminary plat approval extension or move it to the regular agenda for discussion. MOTION: of Sterling, seconded by Goodwin, moving consideration of Galles Addition preliminary plat extension to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the budget hearing of December 11th, 2002, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of December 12th, 2002, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 2002 Page 2 Resolution No. 2002-247 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of $2,000.00 from Apple Valley American Legion Post 1776 toward providing lighting for the flagpole at Lebanon Cemetery. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, certifying that $6,546.23 in matching funds are designated toward participation in the Dakota County Drug Task Force for 2003, as described in the Police Chief’s memo dated December 17, 2002, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving renewal of the Convention and Visitors Bureau Agreement with Apple Valley Chamber of Commerce to expire December 31, 2004, as attached to the Assistant to the City Administrator’s memo dated December 20, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, app roving the Convention and Visitors Bureau’s 2003 budget dated December 4, 2002, with total income of $41,850.00 and expenses of $35,889.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Convention and Visitor Bureau’s 2003Annual Marketing Plan showing $18,854.00 of advertising funding to be expended in four target markets; Midwest, Minnesota, National, and Global Regions. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving revised City Attorney’s fees for 2003 legal services as attached to the Assistant to the City Administrator’s memo dated December 20, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a revised rate schedule for Bonestroo, Rosene, Anderlik & Associates, Inc., for 2003 engineering services as attached to the Public Works Director’s memo dated December 20, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-248 MOTION: of Sterling, seconded by Goodwin, adopting establishing revised uniform land values for calculating cash in lieu of land contributions for public land dedications resulting from subdivisions, at $85,000 per acre for single family residential, $100,000 per acre for multiple family residential, $75,000 per acre for industrial, and $200,000 per acre for commercial uses. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 2002 Page 3 MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 7 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 and 3 Additions and Remodeling, in the amount of an additional $14,778.00. Ayes - 5 - Nays - 0. Resolution No. 2002-249 MOTION: of Sterling, seconded by Goodwin, adopting establishing no parking restrictions on the hammerhead turn-around on 138th Street adjacent to Outlot A, Diamond Valley Estates. Ayes - 5 - Nays - 0. Resolution No. 2002-250 MOTION: of Sterling, seconded by Goodwin, adopting establishing no parking restrictions on the hammerhead turn-around on Ellsworth Court in Whispering Pines subdivision. Ayes - 5 - Nays - 0. Resolution No. 2002-251 MOTION: of Sterling, seconded by Goodwi n, adopting authorizing writing off $757.48 of insufficient fund checks against operations of affected funds for 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-252 MOTION: of Sterling, seconded by Goodwin, adopting approving transfer of $200,000.00 from the Liquor Fund to the General Fund for 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-253 MOTION: of Sterling, seconded by Goodwin, adopting approving transfer of $266,678.00 from the Police Relief Fund to the General Fund for 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-254 MOTION: of Sterling, seconded by Goodwin, adopting setting the reimbursement rate for mileage, under the travel policy, at $.36 per mile effective January 1, 2003. Ayes - 5 - Nays - 0. MOTION: of Sterlin g, seconded by Goodwin, approving Flexible Benefits Plan 2003 Service Agreement with Stanton Group, Inc., as attached to the Human Resources Manager’s memo dated December 20, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, recognizing the 2002 Employee Service Recognition Banquet, described in the Human Resources Manager’s memo dated December 17, 2002, as a component of the Public Purpose Expenditure Policy adopted by Resolution No. 2002-215. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated December 20, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 2002 Page 4 GALLES ADDITION PRELIMINARY PLAT APPROVAL Mr. Kelley reviewed his memo dated December 5, 2002; concerning the request for extension of preliminary plat approval for Galles Addition now set to lapse December 31, 2002. The 3.48-acre site, between Cimarron Road and Pennock Avenue was approved in 1994 as one cul de sac with six single-family lots. Approval was subject to obtaining off-site storm sewer easements on the Palomino East property which has not been able to be accomplished. It appears that the storm sewer issue is nearing resolution and an answer from the Minnesota Department of Transportation (MnDOT) is expected in January. Given these circumstances, an extension of the approval is recommended. Ann Stone, 315 Cimarron Road, read a statement asking the item be tabled or the time extension refused. It was originally approved eight and one-half years ago and concerns were raised then about the variance for a smaller sized cul de sac, lot sizes, and wetland issues. Drainage issues have become more of an issue and the City may need to condemn portions of properties for ponding areas. If the developer wishes to proceed, the plan should go back to the Planning Commission for review. She read the motion of July 27, 2000, granting an extension and stating that it was a final extension and asked that no other extension be approved. Mr. Kelley described the preliminary plat conditions and said the variances were to the lot width requirements for R-2 zoning due to the cul de sac. All the lots meet the R-2 lot size requirements. Changes in the Wetland Act now have some expiration on a determination. At the time the preliminary plat was approved, the area was not determined as a wetland, but ponding was a result of development. Nothing has occurred that would change this determination. If the approval lapses, it is anticipated the property owner would submit a new application for the same lot and cul de sac configuration now approved. Councilmember Goodwin said if MnDOT were not involved, Mr. Galles indicated he would have proceeded with the final plat by December 31st. He asked how lot sizes compare in the neighborhood. Mr. Kelley said the Galles lots all meet the area size requirements, but some do not meet the width at the setback line. There are a number of lots in the Palomino Hills area that do not necessarily meet R-2 zoning requirements either. Councilmember Grendahl asked about granting a shorter extension than requested. Mr. Kelly said that would be appropriate since an answer on the storm drainage issue is expected soon. MOTION: of Grendahl, seconded by Sterling, approving an extension of preliminary plat approval for Galles Addition, as recommended in the Community Development Director’s memo dated December 5, 2002, except allowing the extension for 60 days only, to expire February 28, 2003. Ayes - 5 - Nays - 0. RECOGNITION AWARDS FOR COUNCILMEMBER STERLING CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 2002 Page 5 Mr. Lawell commented that Councilmember Sterling is retiring, at the end of this year, after 12 years on the City Council and noted that a reception was held December 19th in her honor. He reviewed some of the community activities she was involved in during her nearly 28 years of public service. Mayor Hamann-Roland also noted that she has been on the City Council from 1991 to 2002, on the ALF Ambulance Board since 1993, on the Planning Commission from 1984 to 1990, and on the Parks and Recreation Advisory Committee from 1975 to 1984. The Mayor then presented her with a Key to the City. Councilmember Grendahl read the inscription on a plaque expressing appreciation to Councilmember Sterling and presented it to her on behalf of the Council. Councilmember Sterling commented on working with the Council over the years, the many decisions they faced, and the growth that has occurred. She thanked everyone for their support and said she thoroughly enjoyed all the time she spent on City involvement. COMMUNICATIONS & CALENDAR Mayor Hamann-Roland announced that Tom Lawell was elected as Vice Chair at the Municipal Legislative Commission’s (MLC) meeting December 19, 2002. The Mayor also noted that the MLC will be holding a regional breakfast meeting on January 16, 2003, from 7:30 to 9:30 a.m., at the Holiday Inn in Burnsville. The Council received a memo dated December 17, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Sterling, seconded by Grendahl, to pay the claims and bills, check register dated December 19, 2002, in the amount of $5,659,988.57. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Hamann-Roland, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:14 o’clock a.m.