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HomeMy WebLinkAbout01/25/2001CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 25th, 2001, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland; Councilmembers Erickson, Goodwin, and Grendahl. AB SENT: Councilmember Sterling. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Park Maintenance Superintendent Adamini, Finance Director Ballenger, Assistant to the Administrator Grawe, Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, Administrative Assistant Pederson, and Fire ChiefWassmund. 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 - 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Goodwin, seconded by Grendahl, deleting consideration of a revised personnel pay plan from the agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of January 1 lth, 2001, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-7 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Chamber of Commerce, for an event on April 19, 2001; and waiving any waiting period for the permit to become effective. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-8 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8, Voiture 1457, for an event on March 17, 2001; and waiving any waiting period for the permit to become effective. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving issuance of various annual licenses and permits for 2001, as attached to the City Clerk's memo dated January 22, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-9 appointing Juran & Moody, Inc., as the City's bond consultant for the year 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-10 designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2001 and accepting its deposit collateral. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-11 designating as additional depositories for City funds for the year 2001: US Bancorp of Minneapolis; Hampton Bank; Wells Fargo Bank; Juran & Moody; Dain Bosworth; Edward D. Jones & Co.; The Trading Desk, Inc.; Midway National Bank of Apple Valley; Robert W. Baird & Co., and O'Connor & Company Securities. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, authorizing payment of $5,000.00 to the Minnesota Municipal Beverage Association, as a dues assessment related to wine in grocery stores legislation, as described in the Assistant to the City Administrator's memo dated January 25, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving continuation of the Commission/Committee Recognition Program, allowing each individual to receive up to $750.00 of park and recreation services, for 2001, as described in the Park and Recreation Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, authorizing distribution of promotional materials for high school senior class parties as described in the Park and Recreation Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving 2001 fee schedules for Valleywood Golf Course and the two Ice Arenas as attached to the Park and Recreation Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Grendahl, approving a three-year contract with TeeMaster, Inc., for golf reservation services as attached to the Park and Recreation Director's memo dated January 19, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, receiving the Park Dedication/Maintenance Fund report and authorizing 2001 expenditures, totaling $160,000, as described in the Park and Recreation Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-12 approving plans and specifications for Project 00-136, Regatta Park Improvements, and authorizing advertising for receipt of bids on February 20, 2001, at 2:00 p.m.. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving an amendment to the Subdivision Agreement for Summerfield Townhomes, allowing an existing driveway to Galaxie Avenue to remain until Outlot A it platted and developed, as described in the City Planner's memo dated January 19, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, accepting deeds for Outlots A and B, Orchard Pointe, and an unplatted parcel, related to Flagstaff Avenue alignment, as described in the Community Development Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving Assessment Deferral Agreements with the Seed Trust and Hillcrest Properties for Flagstaff Avenue costs, as attached to the Community Development Director's memo dated January 19, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, authorizing conveyance of Outlots A and B, Orchard Pointe, and an unplatted parcel, for Flagstaff Avenue access, to the Seed Trust property, subject to entering into a lot combination agreement, as described in the Community Development Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, acknowledging that Outlots A and B, Orchard Pointe, and an unplatted parcel for Flagstaff Avenue access will not be subject to trunk area charges and park dedication fees, as described in the Community Development Director's memo dated January 19, 2001. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 4 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-13 approving a Surveyor's Certificate of Correction to Lot 7, Block 1, of the recorded plat of Orchard Pointe, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-14 approving the final plat and Subdivision Agreement for Orchard Pointe 2nd Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-15 directing the City Engineer to prepare plans and specifications for Project 00-150, Orchard Pointe 2nd Addition Utility Improvements. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving release of subdivision financial guarantees for Cedar Isle Estates 2nd Addition, Cedar Isle Estates 5th Addition, and Hyland Pointe Townhomes, as listed in the Community Development Secretary's memo dated January 19, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-16 receiving the preliminary engineering report for Project 00-147, New Century Addition Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on February 22, 2001. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-17 directing the City Engineer to prepare plans and specifications for Project 00-147, New Century Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-18 awarding the contract for Project 00-129, Salt Storage Building, to Park Lane Construction and Development Corporation, the low bidder, in the base amount of $297,664.00. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-19 awarding the purchase of a Rink Maintenance/Street Flusher Truck and Flusher Unit to Sweeney Brothers Tractor, Inc., the low bidder, in the net amount of $96,500.00. Ayes - 4 - Nays - 0. of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the contract with Brown & Cris, Inc., for Project 96-512, East Trunk Storm Sewer, in the additional amount of $88,091.32. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 5 MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 13 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the additional amount of $12,014.00. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Traffic Signal Agreement No. 00- 09 with Dakota County for signals on County Road 31 (Pilot Knob Road) at County Road 9 and County Road 46, as attached to the Public Works Director's memo dated January 25, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement with Dakota County and Lakeville for reconstruction and widening of County Road 31 (Pilot Knob Road) and County Road 46, as attached to the Public Works Director's memo dated January 25, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-20 approving plans for Dakota County Project 31-38 (State Project 19-631-29), County Road 31 (Pilot Knob Road) reconstruction at County Road 46. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-21 approving plans for Dakota County Project 46-14 (State Project 19-646-01), County Road 46 (160th Street) reconstruction at County Road 31. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2001-22 ordering removal of existing stop signs at the intersection of Flagstaff Avenue and Fleetwood Avenue as originally approved by Resolution No. 1998-187. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing establishing the part-time position of Recreation Specialist/Senior Center Coordinator, as listed in the Personnel Report dated January 25, 2001. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated January 25, 2001. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA SALE OF G.O. IMPROVEMENT BONDS Steve Mattson, of Juran & Moody, fiscal consultant, was present and distributed an offer to purchase general obligation bonds of the City in a negotiated sale. They would be 15-year bonds CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 6 and not callable for ten years due to the favorable interest rate. A closing date of February 15, 2001, is anticipated for the sale. MOTION: of Erickson, seconded by Grendahl, adopting Resolution No. 2001-23 providing for the issuance and sale of the City's $6,175,000 General Obligation Improvement Bonds of 2001 to Juran & Moody, at a net effective interest rate of 4.501 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 4 - Nays - 0. MID-WINTER FEST 2001 Laura Ochs, of the Mid-Winter Fest Committee, was present. Ms. Ochs reviewed activities planned for this year's celebration at Hayes Park and at Valleywood Golf Course. Buttons are required for admission to the events on February 10 and 11,2001, and are for sale at various locations for $1.00. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2001-24 proclaiming February 10-11,2001, as "Apple Valley Mid-Winter Fest 2001" and encouraging citizens to support and participate in the celebration; and authorizing the use of a snowmobile in Hayes Park as described in the Recreation Specialist's memo dated January 25, 2001. Ayes - 4 - Nays - 0. CARLTON LAKES/SEED TRUST PROPERTY REZONING Mr. Lovelace reviewed the Planning Commission recommendation on proposed planned development rezoning of the 237-acre Seed Trust Property located south of County Road 42 between Flagstaff Avenue and Johnny Cake Ridge Road. The Carlton Lakes development would have a variety of mixed residential, retail/commercial, and business park uses. A preliminary plat is not part of the approval. Development would start at the southwest corner of the site and progress east. Phasing issues will be addressed in the planned development agreement, as well as sanitary sewer capacity, installation of municipal improvements, and continuation of current sand and gravel mining. The property owner has given Fischer Sand & Aggregate notice to move off the site. They have not relocated, but the parties are moving forward to reach agreement. The recommendation is unusual in that the Planning Commission would like to review the draft planned development agreement before it comes back to the Council. Because no detailed site plan is included, the majority of uses will be conditional to allow flexibility as development proceeds. Councilmember Erickson asked how the previously approved end use plan fits in with necessary grading? Mr. Lovelace said there are grades on the end use plan, but they will have to make sure it matches grades on adjacent property. Mr. Gordon said original plans showed different lakes than are shown now. The grading generally appears to match, but further review of the plans is needed. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 7 Peter Gualtieri, representing the developer, Newland Communities, described the background of the company and its involvement in Astra Genstar Partnership along with the Seed Trust. He distributed information on developments in other states and said they have also completed projects in Savage, Farmington, Brooklyn Park, and Woodbury. This development will be a three-step process starting with zoning approval. Next is the development agreement stage. Implementation is the third step where, along with the platting process, builders are engaged to complete the development. He reviewed sketches diagramming a couple of different concept plans for the site. The Council discussed the range of densities proposed. Mr. Gualtieri said 1,500 to 1,800 dwelling units will probably be constructed. A higher number was used in the AUAR to make sure everything was adequately addressed. Mr. Lovelace said the low to moderate density residential areas allow for a maximum of 12 units per acre as shown in the Comprehensive Plan. Buffering next to the gravel mining areas, pipeline relocations, and access to Johnny Cake Ridge Road will be defined in the agreement. Pilot Knob Road, east of the site, remains to be completed and they are working with the County on that time line. Peter Fischer, of Fischer Sand & Aggregate, read a statement, also submitted to the Planning Commission, listing five issues they believe need to be resolved before the development should proceed. They are concrete and aggregate plant relocation, Johnny Cake Ridge Road access, mining operation buffering, storm water drainage, and pipeline relocation. They believe that a supplemental agreement between Fischer and Genstar is needed and oppose the rezoning without it. Mr. Gualtieri said he agrees these are detailed engineering issues that must be resolved and will be addressed as part of the planned development agreement. They will not agree to a supplemental agreement with Fischer as a condition of the zoning. Mr. Kelley said the intent is that the planned development agreement will address the issues as the development progresses from west to east. Along with phasing, those issues must be addressed to the City's satisfaction in order for the development to proceed. MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 689 amending Appendix A of the City Code by adding Article A27 establishing planned development zoning on the Seed Trust property (Carlton Lakes), in the North Half of Section 35, providing for mixed residential, retail/commercial and business park uses; subject to recording a final plat, preparation of a planned development agreement, and review of the same by the Planning Commission; as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, directing Staff to prepare a planned development agreement for the Seed Trust property (Carlton Lakes), in the North Half of Section 35, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 8 TRAFFIC SAFETY ADVISORY COMMITTEE APPOINTMENTS Mr. Lawell reviewed the memo dated January 25, 2001, listing 12 applicants for four resident positions on the new Traffic Safety Advisory Committee. The Council discussed procedures for making the appointments and agreed members could individually contact applicants prior to the February 22nd meeting. MOTION: of Grendahl, seconded by Goodwin, conducting personal interviews of applicants for the Traffic Safety Advisory Committee and scheduling appointment of members for the meeting of February 22, 2001. Ayes - 4 - Nays - 0. SET GOAL SETTING SESSION MOTION: of Goodwin, seconded by Erickson, setting the 2001 goal setting session of the City Council for April 21st, 2001, at 9:00 a.m., at a location to be determined. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated January 22, 2001, with a calendar listing upcoming events. Councilmember Erickson said he is interested in pursuing the use of cameras to ticket traffic signal violators as is being discussed for use in Burnsville. He asked Staff to investigate. Councilmember Grendahl said Prior Lake has given notice that it is opting out of the MVTA at the end of 2001 and this will have transit budget implications. She asked Staff to prepare a resolution, for consideration at a future meeting, asking Lakeville to voluntarily join or participate in MVTA. Mayor Hamann-Roland congratulated her for being reelected Treasurer at the January 24, 2001, board meeting. Councilmember Erickson said the Dakota County Economic Development Partnership meets Wednesdays, at 3:00 p.m., and that schedule makes it difficult for him to attend meetings. The Council asked to have discussion of all Mayor and Council appointments to committees and organizations at the April goal setting session. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay the claims and bills, check registers dated January 18, 2001, in the amount of $12,115,972.29; and January 24, 2001, in the amount of $6,185,464.10. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 25, 2001 Page 9 The meeting was adjourned at 9:19 o'clock p.m.