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HomeMy WebLinkAbout02/22/2001CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 22nd, 2001, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor 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, Police ChiefErickson, Assistant to the Administrator Grawe, Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, and Administrative Assistant Pederson. 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 - 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 Sterling, seconded by Goodwin, adding approval of hiring a part-time employee to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of February 8th, 2001, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 2001-30 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for an event on June 3, 2001; at Apple Valley Ford, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 2001-31 approving an application to Dakota County for a fiscal year 2001 Community Development Block Grant, in the amount of $179,291.00, for use in a manufactured home replacement program. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving a 1 O-year site Lease Agreement with XM Satellite Radio, Inc., for placement of an antenna on the Palomino Water Reservoir, as attached to the Public Works Director's memo dated February 22, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 2001-32 approving revised Cemetery Policies, Rules, and Regulations as recommended by the Cemetery Advisory Committee. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, authorizing the purchase of carpet and installation for the new Municipal Center, from Facilities 2000, Inc., in the amount of $88,594.79, as attached to the Administrative Assistant's memo dated February 22, 2001. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving an Agreement with Sharden Productions, Inc., for video production services through September 30, 2001, as attached to the Assistant to the City Administrator's memo dated February 22, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving a License Agreement with James and Elizabeth Fulford to access the City's storm water piping system for Outlot A, Farquar Lake Addition, as attached to the Public Works Director's memo dated February 8, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving a Temporary Easement for Dakota County Project No. 46-14, County Road 31 and County Road 46 Intersection Reconstruction, accepting compensation of $2,138.00 for it as recommended in the City Attorney's memo dated February 15, 2001, and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with Brown & Cris, Inc., for Project 99-107, Pahl's Garden Lots Sewer Trunk, in the additional amount of $1,712.05. Ayes - 5 -Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with Keys Well Drilling for Project 00-130, Deep Well No. 17, in the additional amount of $2,050.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 15 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the additional amount of $551.00. Ayes - 5 -Nays - 0. of Sterling, seconded by Goodwin, accepting Projects 99-107 and 99-107 (combined), Central Sewer Trunk and123rd Apartment Storm Sewer, as final and authorizing final payment on the contract with Brown & Cris, Inc., in the amount of $14,043.61. Ayes- 5 -Nays- 0. of Sterling, seconded by Goodwin, appointing Stephen R. David as Alternate Commissioner to the Black Dog Watershed Management Organization as recommended in the Natural Resources Coordinator's memo dated February 22, 2001. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, appointing Virginia Sterling to the Apple Valley Economic Growth Partnership Committee for a term expiring February 10, 2004. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, reappointing Ranee S. Hadley and Reid Koepp to the Cemetery Advisory Committee for terms expiring March 1, 2004. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, appointing Loren Hegland and Sarah Johnston to fill vacancies on the Parks and Recreation Advisory Committee and reappointing Russell Defauw, John DiRico, Gregory Kopischke, Charlie Maus, and Tina Rankin to the Committee; all for terms expiring March 1, 2003. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 2001-33 reappointing Tim J. Burke and Karen Edgeton to the Planning Commission for terms expiring March 1, 2004. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, reappointing Rollin Bible, Jerry Brown, John Magnusson, Dale Rodell, Scott Hugstad-Vaa, and David Westbrook to the Telecommunications Advisory Committee for terms expiring March 1, 2003. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, reappointing Barry Berg, Robin Curran, Shirley Doering, Shelley Madore, Sharon Schwartz, Pamela Sohlberg, and Sandy Wagner to the Urban Affairs Advisory Committee for terms expiring March 1, 2003. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 4 MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 2001-34 appointing Merle Lohse as Acting Chief of Police, Acting Chief Law Enforcement Officer, and Acting Director of Emergency Management effective March 1,2001, to serve until a new Chief of Police is selected. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time employee as listed in the Personnel Report dated February 22, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PALOMINO EAST FINAL PLAT & NRMP Mr. Kelley reviewed his memo dated February 16, 2001, describing the recommendation and finding of fact supporting denial of the development proposal for the site known as Palomino East. The application is for a final plat, incorporating existing outlots into a single lot and block, and a Natural Resources Management Permit (NRMP), for grading. The plat does not delineate a wetland that has been identified by a survey and the NRMP application indicates filling the wetland. The proposal is not consistent with the Comprehensive Plan designation of"LD", zoning of"M-2", or NRMP standards. Peter Coyle, representing Joel Watrud, the property owner, was present to object to the denial. He stated they contend the preliminary plat and building permit were approved by underlying State Statutes as previously submitted a letter. He does not believe denial of the application is an appropriate or rational action. The apartment plan is a better use of the site and is more environmentally sensitive than a townhome plan. The plan complies with the environmental aspects of an NRMP. The market has demonstrated there is no potential for townhomes on the site. If the Council adopts the resolution, it would be an arbitrary and capricious action and deprive Mr. Watrud of the use of his property. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2001-35 making findings of fact and conclusions on the development proposal for Palomino East and denying the Natural Resources Management Permit and final plat application on Outlots 6 and 8, Palomino Hills, and Outlot 1, Palomino Hills 2nd Addition. Ayes - 5 - Nays - 0. PUBLIC HEARING NEW CENTURY ADDITION IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider Project 00- 147, New Century Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for the project located northwest of the intersection of 153rd Street and Galaxie Avenue. Culver's Restaurant will be located on one lot. Improvements include utilities, a street across the west end CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 5 of the property, brick bollards and fencing along 153rd Street and Galaxie Avenue, and a traffic signal. The cost of the signal will be assessed to property at all four corners of the intersection. The Mayor asked for questions or comments. Councilmember Sterling asked if the street access on 153rd Street would interfere with traffic stacking for left turns? Mr. Gordon said, with the traffic signal installed, it should be adequate. There were no other questions and the hearing was declared closed at 8:17 p.m. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 2001-36 ordering installation of Project 00-147, New Century Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 2001-37 approving plans and specifications for Part A of Project 00-147, New Century Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 29, 2001. Ayes - 5 - Nays - 0. 2001-2002 INSURANCE RENEWAL Mr. Ballenger the proposal for insurance renewal, effective March 1,2001, with the League of Minnesota Cities Insurance Trust (LMCIT) as detailed in his memo dated February 22, 2001. The premiums increase about 5.5 percent over last year. This proposal does not include the new program for no-fault sewer backup coverage. The LMCIT is still reviewing information and past claims, but indicates the premium would be about 8.5 percent of the general liability premium. He will also be reviewing the City's history of claims to determine whether the coverage should be added and will report back to the Council at a later date. MOTION: of Goodwin, seconded by Grendahl, approving renewal of insurance coverage with the League of Minnesota Cities Insurance Trust, for 2001-2002, at a total premium of $462,461.00, as listed in the Finance Director's memo dated February 22, 2001. Ayes - 5 - Nays - 0. TRAFFIC SAFETY ADVISORY COMMITTEE APPOINTMENTS Mr. Lawell reviewed his memo, dated February 22, 2001, regarding appointment of members to the Traffic Safety Advisory Committee. Applications were received from 12 individuals for the four resident positions to be filled. One of the applicants, Arthur Zimmerman, was present. Mr. Lawell noted that due to the number of applicants, he suggested that if the Council uses the procedure established by Resolution No. 1997-165 to reduce the number of nominees, it select first eight, then six, then four names from a written roster. The Council concurred. MOTION: of Erickson, seconded by Grendahl, nominating Richard Asleson, Rollin Bible, Howard Blix, Jean Chrysler, Linda Dolan, John Drott, John Eastham, Harald CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 6 Eriksen, Craig Jenson, Douglas Maresh, Kristopher Nelson and Arthur Zimmerman for positions on the Traffic Safety Advisory Committee. Councilmember Grendahl asked Mr. Zimmerman if he was aware his home phone number and address would be public if he were to be appointed to the Committee? Mr. Zimmerman said that would not be a problem. He did not include his phone number on the application because he was not aware it was needed. Vote was taken on the motion. Ayes - 5 - Nays - 0. The City Clerk distributed ballots to the Council who were asked to each select eight names from the 12 nominees. After selections were made, they were tallied and the Clerk announced seven names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select six names. After selections were made, they were tallied and the Clerk announced that six names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select four names of the six listed. After selections were made, they were tallied and the Clerk announced that four names remained. The Clerk prepared ballots and distributed them to the Council who asked to each select two names to determine preference for the initial two-year terms. After selections were made, they were tallied and the Clerk announced that the names of Richard Asleson and Linda Dolan remained. The two other names, to be considered for the one-year terms, were Harald Eriksen and Craig Jenson. MOTION: of Grendahl, seconded by Goodwin, appointing Richard Asleson and Linda Dolan to the Traffic Safety Advisory Committee for terms expiring March 1, 2003; and appointing Harald Eriksen and Craig Jenson for terms expiring March 1, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, appointing Neal Heuer, Merle Lohse, and Andy Pederson as City Department representatives on the Traffic Safety Advisory Committee as recommended in the City Administrator's memo dated February 22, 2001. Ayes - 5 - Nays - 0. Mr. Lawell said the appointees will be contacted to determine their availability for the Committee's first meeting. After that they will establish a meeting schedule. USE OF iNTERNAL COMBUSTION ENGINE ON LAC LAVON MOTION: of Erickson, seconded by Grendahl, approving an exemption from City Code Section 14.5-13 allowing the use of a motor vehicle on the ice of Lac Lavon to deliver materials to homeowners' backyards as requested by Jamie Bergen, 15992 CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 7 Hyland Pointe Court, until March 10, 2001; subject to conditions described in the City Clerk's memo dated February 22, 2001. Mr. Lawell said it should be noted that the City is not making any representation as to the suitability of the ice for supporting any vehicle on the lake and the contractor is operating at its own risk. Vote was taken on the motion. Ayes - 5 - Nays - 0. POLICE CHIEF CANDIDATE INTERVIEWS Mr. Lawell said the process for selecting a new Police Chief is moving forward. The subcommittee, including Mayor Hamann-Roland and Councilmember Erickson, should have selected finalists for interviews by the Council on March 7th. They intend to have three final candidates for the Council to interview. MOTION: of Sterling, seconded by Goodwin, setting a special informal meeting for March 7, 2001, at 4:00 p.m., at City Hall, to interview finalist applicants for the position of Police Chief. Ayes - 5 - Nays - 0. Councilmember Sterling asked if the Council will be interviewing the applicants individually or as a group? Councilmember Erickson said that remains to be determined. Mayor Hamann-Roland noted this is Bruce Erickson's last meeting as Chief. The Council thanked him for 31 years of service and wished him well in his retirement. Police ChiefErickson thanked the Council for the support he and all the City departments have received over the years. COMMUNICATIONS & CALENDAR The Council received a memo dated February 16, 2001, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated February 14, 2001, in the amount of $9,762,346.53; and February 21, 2001, in the amount of $13,515,660.56. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1 d(e), to discuss the status of threatened and pending litigation. The item to be discussed involves litigation against the City by Jason Shade. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2001 Page 8 MOTION: of Sterling, seconded by Erickson, to close the regular meeting and convene in closed session to discuss threatened and pending litigation related to the Shade claim. Ayes - 5 - Nays - 0. The meeting was closed at 9:07 p.m. and the Council convened in the Conference Room, at 9:15 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, and Police ChiefErickson. Mr. Dougherty advised the Council that its discussion must be limited to the legal matters and if issues are discussed outside of this meeting, the attorney-client privilege will be lost. The Council reconvened in open session at 9:49 p.m. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.