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HomeMy WebLinkAbout04/26/2001CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 26th, 2001, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann - Rola nd; 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, Assistant to the City Administrator Grawe, Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, Assistant Planner Milton, Administrative Assistant Pederson, and Fire Chief Wassmund. Mayor Hamann - Roland called the meeting to order at 8:00 p.m. Everyone took part in th e 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 Counc il, at this time, on any item not on this meeting’s agenda. Samuel Mosio, 13000 Pilot Knob Road, a student at the School of Environmental Studies, asked the Council to consider passing a resolution supporting labeling of genetically modified foods. He co mmented on potential health issues associated with genetically modified organisms and presented copies of resolutions passed by the Cities of Minneapolis, Cleveland, Boston, Ann Arbor, and Austin. John Ludewig, 7863 Glenda Court, expressed concern about a n abandoned house on 142nd Street that has been vacant for three years. He asked the Council to consider imposing an additional charge on such property as Minneapolis does. He also asked the Council to amend the ordinance and limit the height of grass an d weeds to three or four inches and control dandelions. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Page 2 MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of April 12th, 2001, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming April 27, 2001, as “Arbor Day”, and May 2001, as “Arbor Month” and urging citizens to beco me more aware of the importance of trees, participate in tree planting programs, and nurture and protect Apple Valley’s trees. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming May 3, 2001, as “A Day of Prayer” and encouraging i nterested citizens to join a symbolic walk, at 5:00 p.m., at Apple Valley High School; and a rally, at 6:00 p.m., at the Burnsville Amphitheater. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing use of an internal combustion en gine on Lac Lavon, from May 1 through June 30, 2001, for Eurasian water milfoil control as described in the Natural Resources Coordinator’s memo dated April 26, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001 - 64 MOTION: of Grendahl, seconded by Sterling, adopting establishing temporary no parking zones on Hayes Road, 145th Street, and Granada Drive on May 20, 2001; and authorizing use of streets by the American Legion for a parade as described in the Public Works Supervisor’s memo dated April 26, 2001. Ay es - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a temporary on - sale 3.2 percent malt liquor license to American Legion Post 1776 for use outdoors at 14521 Granada Drive, on May 20, 2001, as described in the City Clerk’s memo dated April 23, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, setting a public sale to dispose of unclaimed bicycles, on May 17, 2001, beginning at 5:30 p.m., at Central Maintenance Facility, as described in the City Clerk’s memo dated April 23, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001 - 65 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing on 2001 Special Assessment Roll No. 490, delinquent utility charges in the amount of $57,675.64, at 8:00 p.m., on May 31, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001 - 66 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing on 2001 Special Assessment Rolls No. 491 through 493, public improvements in the amount of $336,743.00, at 8:0 0 p.m., on May 31, 2001. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Page 3 MOTION: of Grendahl, seconded by Sterling, granting variances to allow construction of an accessory building to within five feet of the rear lot line and 15 feet of the street side lot line on Lot 3, Block 2, Meadowlark Glen 2nd Addition (12746 Ethelton Way) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision financial guarantees for Fischer Market Place, from $3,940,94 5.00 to $2,321,280.00; and for Regatta 3rd Addition, from $1,599,900.00 to $1,145,392.00. Ayes - 5 - Nays - 0. Resolution No. 2001 - 67 MOTION: of Grendahl, seconded by Sterling, adopting receiving the preliminary engineering report for Project 01 - 155, Pen nock Place Senior Housing Trunk Storm Sewer, and setting a public hearing on it, at 8:00 p.m., on May 15, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001 - 68 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 00 - 150 (Part 2), Orchard Pointe 2nd Addition Lighting Improvements on 153rd Street; and authorizing advertising for receipt of bids, at 2:00 p.m., on May 23, 2001. Ayes - 5 - Nays - 0. Resolution No. 2 001 - 69 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 00 - 146, 140th Street Traffic Signal Systems at Garden View Drive, Hayes Road, and Pennock Avenue; to Collins Electrical Construction, the low bidder, in the amount of $414,500.00. Ayes - 5 - Nays - 0. MOTION: of G rendahl, seconded by Sterling, approving Change Order No. 20 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $6,089.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, autho rizing contracting with Southridge Construction for Liquor Store No. 1 Entrance Remodeling Project, based on the low quotation of $32,000.00, as described in the Assistant to the City Administrator's memo dated April 26, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Agreement with Michael Trenary, d/b/a Michael’s Lawn Care and Snow Plowing Service, for 2001 Cemetery Mowing and Trimming Services, as attached to the Pu blic Works Director’s memo dated April 26, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Page 4 MOTION: of Grendahl, seconded by Sterling, accepting notice of the Fire Chief’s appointment of Nealon Thompson as District Chief a t Fire Station No. 3, as described in the memo dated April 23, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part - time and seasonal employees as listed in the Personnel Report and Addendum dated April 26th, 20 01. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA VOLUNTEER RECOGNITION Mayor Hamann - Roland noted that a volunteer recognition reception was held prior to the meeting for all commission and committee members. In addition, Robin Curran, who was appointed April 11, 1991, to the Urban Affairs Committee, has earned a length of service award. She presented a marble apple clock to Ms. Curran who was present. The Council expressed appreciation to all commission and committee members and other City volunteers. MOTION: of Erickson, seconded by Sterling, proclaiming April 22 - 28, 2001, as “Volunteer Recognition Week” thanking all those who contribute their time, talent, and energy to the community. Ayes - 5 - Nays - 0. POPPY DAYS PROCLAMATION Pody Corcoran and Marlene Heinzen, of the American Legion Auxiliary Poppy Committee, were present. Ms. Corcoran read a proclamation, proclaiming May 18 and 19, 2001, as “Poppy Days”, and noted this is also the Legion Post’s 25th anniversary. The Council thanked the Auxili ary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Erickson, seconded by Sterling, proclaiming May as “Poppy Month” and May 18 - 19, 2001, as “Poppy Days” and asking citizens to pay tribute to thos e who have died in war in the name of freedom. Ayes - 5 - Nays - 0. MEMORIAL DAY PROCLAMATION Vern Yetzer, of American Legion Post 1776 was present and read a proclamation for “Memorial Day” on May 28, 2001. He invited everyone to attend the Legion’s m emorial ceremony at Apple Grove Park, near Fire Station No. 1, at 11:00 a.m. MOTION: of Erickson, seconded by Grendahl, acknowledging the Federal Proclamation of May 28, 2001, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Page 5 APPLE PONDS 5TH ADDITION EASEMENT VACATION Mayor Hamann - Roland called the public hearing to order, at 8:23 p.m., to consider vacation of a drainage and utility ea sement on part of Lot 2, Block 1, Apple Ponds 5th Addition, and noted receipt of the affidavit of publication of the hearing notice. Ms. Milton reviewed her memo, dated April 20, 2001, describing the proposed vacation of part of a lot now used as a City s torm water pond. A 22,000 square foot portion of the lot is proposed to be subdivided into two lots and will not affect the existing pond. The lots will be developed as two home sites for Habitat for Humanity. Ryan Karis, of Twin Cities Habitat for Huma nity, was present to answer questions. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:25 p.m. Resolution No. 2001 - 70 MOTION: of Grendahl, seconded by Goodwin, adopting completing vacation of part of a drainage and utility easement on the north 200 feet of the east 110 feet of Lot 2, Block 1, Apple Ponds 5th Addition, and authorizing recording the necessary documents. Ayes - 5 - Nays - 0. FIRE STATION NO. 1 BUILDING EXP ANSION Mr. Lawell reviewed the memo dated April 23, 2001, describing a proposal to expand the north side of Fire Station No. 1 for additional space for ALF Ambulance offices. The approximately 500 square - foot project is estimated to cost $100,000 and sho uld be completed this summer. MOTION: of Sterling, seconded by Erickson, approving an Agreement with CNH Architects, Inc., to prepare plans and specifications for a building expansion at Fire Station No. 1 to enlarge ALF Ambulance offices, as attached to the Assistant to the City Administrator’s memo dated April 23, 2001, and authorizing the Mayor and Clerk to sign the same. Councilmember Sterling noted ALF has continued to grow and is adding a third ambulance May 23rd. It will be housed out of Farmingto n 10 hours a day. An Assistant Director has also been hired and started this week. Vote was taken on the motion. Ayes - 5 - Nays - 0. POLICE CHIEF JOHNSON HIRING Mr. Lawell introduced Scott Johnson who is recommended to be hired as the new Chief of Police. As described in his memo, dated April 23, 2001, James Coan has notified the City that he will not be accepting employment as previously approved. Mr. Johnson will be starting employment on May 7, 2001. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Page 6 MOTION: of Erickson, seconded by Grendahl, rescinding the action of March 22, 2001, to hire James R. Coan and approving hiring Scott A. Johnson as Chief of Police, as outlined in the City Administrator’s memo dated April 23rd, 2001. Ayes - 5 - Nays - 0. PLANNING COMMISSION VACANCY Mr. Lawell not ed that eight applications were received for the current vacancy on the Planning Commission as listed in the City Clerk’s memo dated April 23, 2001. To allow Councilmembers time to contact the applicants, consideration of the appointment will be deferred until the meeting of May 15, 2001. TRAFFIC SAFETY ADVISORY COMMITTEE VACANCY Mr. Lawell said Craig Jenson, who was appointed to the Traffic Safety Advisory Committee in March, has submitted his resignation because he is moving out of the City. There are currently eight applications on file for this Committee as listed in the City Clerk’s memo dated April 23, 2001. MOTION: of Sterling, seconded by Goodwin, accepting, with regret, the resignation of Craig Jenson from the Traffic Safety Advisory Committee as submitted in his letter dated April 17, 2001. Ayes - 5 - Nays - 0. The Mayor asked for nominations to fill the vacancy on the Traffic Safety Advisory Committee. Councilmember Grendahl nominated Arthur Zimmerman. There were no other nominations. The Mayor declared nominations closed. MOTION: of Grendahl, seconded by Erickson, appointing Arthur Zimmerman to fill the vacancy on the Traffic Safety Advisory Committee for a term expiring March 2, 2002. Ayes - 5 - Nays - 0. UNIVERSITY OF MINNESOTA STATE FUNDING REQUEST Mr. Lawell commented that University of Minnesota President, Mark Yudof, attended the Chamber of Commerce meeting and asked for support of its funding request to the State. He distributed a draft letter to the Governor for the Council to consider, supporting the University’s core foundation and future initiatives funding. The Council discussed whether it should become involved in legislative issues of other agencies, as a body, since there are many requests being submitted to the Legisla ture. It determined that individuals could indicate their support of such agencies if desired, rather than the entire Council taking a position. COMMUNICATIONS & CALENDAR The Council received a memo dated April 23, 2001, with a calendar listing upcoming events. CITY OF APPLE VALLEY Dakota County, Minnesota April 26, 2001 Page 7 Councilmember Grendahl commented on legislation being considered to fund transit services for cities outside of the transit - taxing district. The Minnesota Valley Transit Authority (MVTA) has discussed the issue of Lakeville and Farmington reside nts using transit facilities and whether non - resident riders should be charged more. The proposal to take transit funding off property taxes and fund by excise tax and other funds should be supported. However, it will be important to maintain local contr ol as an opt - out community. Resolution No. 2001 - 71 MOTION: of Grendahl, seconded by Sterling, adopting stating concerns with the current method of funding transit services and supporting removing it from property taxes and implementing a fair and equitabl e funding method while maintaining local control of the quality and level of service. Ayes - 5 - Nays - 0. The Mayor reminded everyone that the Council will plant a tree at the new Municipal Center on May 15, 2001, to commemorate Arbor Day; and thanked J o Colleran for distributing “Arbor Day” seedlings. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated March 28, 2001, in the amount of $930,673.68; April 18, 2001, in the amount of $7,164,626.45; and April 26, 2001, in the amount of $3,820,797.32. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:58 o’clock p.m.