HomeMy WebLinkAbout05/15/2001CITY OF APPLE VALLEY
Dakota County, Minnesota
May 15, 2001
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May 15th, 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
Hills, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the City Administra tor
Grawe, Public Works Director Heuer, Police Chief Johnson, 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 pledg e
of allegiance to the flag led by the members of Scout Troop 227.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as
amended. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Hamann - Roland asked if anyone w as 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 Grendahl, seconded by Sterling, adding a contract for soil testing to the consent
agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of
April 26th, 2001, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterl ing, proclaiming May 20 through 26, 2001 as “Save
A Life Week” to heighten public awareness of training in basic life saving
techniques for emergency situations. Ayes - 5 - Nays - 0.
Resolution No. 2001 - 72
MOTION: of Grendahl, seconded by Sterling, adopting accepting,
with thanks, the donation of a 1985 Chevrolet automobile from Richard and
Carolann Laine for use by the Fire Department for training purposes. Ayes - 5 -
Nays - 0.
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Dakota County, Minnesota
May 15, 2001
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Resolution No. 2001 - 73
MOTION: of Grendahl, seconded by Sterling, adopting accepting,
with thanks, the donation of a 1991 Ford Range pickup from David G. Murphy for
use by the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing issuance of new Filling Station,
Off - S ale 3.2 Percent Malt Liquor, and Tobacco Sales Licenses, for 2001, to Kwik
Trip No. 397, at 15065 Dodd Boulevard; and Kwik Trip No. 421, at 14941
Florence Trail; as described in the City Clerk’s memo dated May 10, 2001. Ayes -
5 - Nays - 0.
MOTION: of Gr endahl, seconded by Sterling, approving a Metropolitan Environmental
Partnership Grant Agreement with the Metropolitan Council for $11,000.00 of
funding for non - point source pollution education activities, as attached to the
Natural Resources Coordinator’s memo dated May 15, 2001; and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing continued participation in the
Dakota County Community Development Block Grant (CDBG) entitle ment
program for another three - year period, as described in the Community
Development Director’s memo dated May 1, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Administration and Monitoring
Agreement with Dakota Coun ty Community Development Agency for occupancy
and rent level monitoring for the Hidden Ponds Apartments, as attached to the
Community Development Director’s memo dated May 10, 2001; and authorizing
the Mayor and City Clerk to sign the same. Ayes - 5 - Nay s - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Inclusionary Housing
Development Agreement with Duffy Development Company and Community
Housing Coalition for grant funds to provide affordable rental housing in Hidden
Ponds Apartments, as at tached to the Community Development Director’s memo
dated May 10, 2001; and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Inclusionary Housing Account
Grant Agreement w ith the Metropolitan Council for funds, in the amount of
$500,000.00, for Hidden Ponds Apartments, as attached to the Community
Development Director’s memo dated May 10, 2001; and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an exemption to the Wetland
Conservation Act for installation of storm water utilities for the Hidden Ponds
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Dakota County, Minnesota
May 15, 2001
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Apartments, as described in the Natural Resources Coordinator’s memo dated
May 15, 2001. Aye s - 5 - Nays - 0.
Resolution No. 2001 - 74
MOTION: of Grendahl, seconded by Sterling, adopting awarding
the contract for Project 00 - 147 - B, Traffic Signal at 153rd Street and Galaxie
Avenue, to Granite Ledge Electrical Contractors, the low bidder, in the amo unt of
$141,500.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 21 to the contract
with Shaw Lundquist for the Municipal Center Construction Project in the amount
of an additional $15,759.00. Ayes - 5 - Nay s - 0.
MOTION: of Grendahl, seconded by Sterling, approving reduction of financial guarantees for:
Apple Valley Plaza, from $3,925.00 to 0; and for Wirsbo Training Center, from
$1,000.00 to 0. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterl ing, approving an Antenna Site Lease Agreement
with Sprint Spectrum, L.P., at Valleywood Water Reservoir as attached to the
Public Works Director’s memo dated May 15, 2001, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5 - Nays - 0.
M OTION: of Grendahl, seconded by Sterling, authorizing Bonestroo, Rosene, Anderlik &
Associates, Inc., to proceed with a Comprehensive Water Plan Update, at a cost
not to exceed $75,000.00, as described in the Public Works Director’s memo
dated May 15, 2001 . Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Sod Replacement
Services with Gallagher’s, Inc., as attached to the Public Works Supervisor’s
memo dated May 10, 2001, and authorizing the Mayor and City Clerk t o sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Concrete Removal
and Replacement Services with Gallagher’s, Inc., as attached to the Public Works
Supervisor’s memo dated May 10, 2001, and author izing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Tennis Court
Resurfacing at Delaney Park and Pennock Park with Troy D. Carlson, d/b/a Court
Surfaces & Repair, as attached to the Park Maintenance Superintendent's memo
dated May 10, 2001, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
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Dakota County, Minnesota
May 15, 2001
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MOTION: of Grendahl, seconded by Sterling, approving a Site Usage and Maintenance Joint
Powers Agre ement with Independent School District No. 196 for Valley Middle
School/Park Grounds, as attached to the Parks and Recreation Director’s memo
dated May 4, 2001, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 - Nays - 0.
MOTION: of Gr endahl, seconded by Sterling, approving a Building Inspection Service
Agreement with Inspectron, Inc., for contract services, as attached to the Building
Official’s memo dated May 1, 2001, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees as
listed in the Personnel Report and Addendum dated May 15th, 2001. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Contract wi th Braun Intertec
Corporation for additional soil testing at Fire Station No. 2, at a cost not to exceed
$1,000.00, as attached to the Assistant to the City Administrator’s memo dated
May 15, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 - Nays - 0.
END OF CONSENT AGENDA
EMERGENCY MEDICAL SERVICES WEEK
Councilmember Sterling, the City’s ALF Ambulance Board representative, read a proclamation
recognizing the value of emergency medical service providers and thanked ALF paramedi cs for
their work.
MOTION: of Sterling, seconded by Erickson, proclaiming May 20 through 26, 2001, as
“Emergency Medical Services Week” encouraging people to become educated
about injury prevention and how to respond to medical emergencies. Ayes - 5 -
Na ys - 0.
PROJECT 01 - 155, PENNOCK PLACE SENIOR HOUSING STORM SEWER
Mayor Hamann - Roland called the public hearing to order, at 8:08 p.m., on Project 01 - 155,
Pennock Place Senior Housing Trunk Storm Sewer, and noted receipt of the affidavit of
publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated
April 17, 2001. No construction is involved in the project and the hearing is for the purpose of
assessing trunk storm sewer charges. The Mayor asked for questions or comm ents from the
audience and the Council. There were none and the hearing was declared closed at 8:09 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 15, 2001
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Resolution No. 2001 - 75
MOTION: of Grendahl, seconded by Erickson, adopting ordering
Project 01 - 155, Pennock Place Senior Housing Trunk Storm Sewer. Ayes - 5 -
Nays - 0.
PROJECT 99 - 117, SHACKELFORD ADDITION IMPROVEMENTS
Mayor Hamann - Roland called the public hearing to order, at 8:10 p.m., to consider Project 99 -
117, Shackelford Addition Utility and Street Improvements, and noted receipt of the affida vit of
publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated
March 28, 2001. The project involves improvements for five single family residential lots.
Sidewalk will be installed along the south side of Embry Wa y within the subdivision. It could be
extended along the street should further redevelopment occur.
The Council received a letter, dated May 9, 2001, from David Ross representing the property
owner of the part of the lot containing Embry Way; now a priva te street. He indicated the
property has not yet been acquired by the developer to be incorporated into the subdivision. The
Mayor asked for questions or comments from the audience and the Council. There were none
and the hearing was declared closed at 8:14 p.m. No further action will be taken on the project
until the Embry Way street access is resolved.
PAHL FARMS SUBDIVISION
Ms. Bodmer reviewed the Planning Commission recommendation on the request to divide unplatted
Pahl property at the northeast c orner of 160th Street and Galaxie Avenue into two parcels. The 60 -
acre piece will be divided into a 14 - acre parcel, containing the greenhouse buildings, and a 40 - acre
parcel. The property owner will provide easements and right - of - way for future Foliage A venue along
the east side of the property.
Resolution No. 2001 - 76
MOTION: of Grendahl, seconded by Goodwin, adopting granting a
waiver of platting to allow division of Pahl Farms property, in Section 34, into two
parcels, on a metes and bounds description basis as recommended by the Planning
Commission. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Easement Acquisition and
Assessment Deferral Agreement for Foliage Avenue with Pahl Family Limited
Partnership, as attached to the Community Development Director’s memo dated
May 10, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 - Nays - 0.
TARGET GREATLAND BUILDING EXPANSION
Ms. Bodmer reviewed the Planning Commission recommendation on a proposal to construct a 40,000
square foot addition onto the north and east sides of Target Greatland. The expansion is proposed to
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Dakota County, Minnesota
May 15, 2001
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add grocery sales to the business. Amendments are required to the planned development zoning to
reduce the building setback from 151s t Street, reduce the number of parking spaces from 896 to 831,
allow additional entrance signage, and allow an increased amount of building coverage on the lot.
Target has advised that it is not ready to proceed with construction yet, but asked to have th e
approvals in place. No action will be taken on easement vacation or utility improvements until the
petitioner is ready to begin construction.
Ordinance No. 691
MOTION: of Goodwin, seconded by Erickson, passing amending
Section A9 - 5 of Appendix A of the City Code for Planned Development
Designation No. 244 applicable to Zone 1 (Southport Centre 2nd Addition) by
allowing reduced building setback, reduced number of parking spaces, additional
signage, and increased amount of building coverage on the lot, as recommended by
the Planning Commission. Ayes - 5 - Nays - 0.
Resolution No. 2001 - 77
MOTION: of Grendahl, seconded by Goodwin, adopting approving
the site plan and authorizing issuance of a building permit for expansion of Target
Greatland on Lot 1, Bloc k 1, Southport Centre 2nd Addition; with conditions, as
recommended by the Planning Commission. Ayes - 5 - Nays - 0.
PLANNING COMMISSION APPOINTMENT
Mr. Lawell reviewed the memo, dated May 10, 2001, regarding a vacancy on the Planning
Commission. Appli cations were received from eight individuals, however, one of them, Arthur
Zimmerman, was appointed to the Traffic Safety Advisory Committee on April 26th. He noted that
applicants Eric Greener, Mark Ceminsky, and David Schindler were present.
MOTION: of Grendahl, seconded by Goodwin, nominating Mark Ceminsky, Mark Fredricks,
Bob Golike, Eric Greener, Bonnie Anderson Rons, Wilma E. Ruppert, and David
Schindler for a position on the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, amending the procedure to reduce the number
of candidates for appointment, established by Resolution No. 1997 - 165, by
selecting five names on the first ballot, then three names, then one name. Ayes - 5
- Nays - 0.
The City Clerk distributed ballots to the Council who were asked to each select five names from
the seven nominees. After selections were made, they were tallied and the Clerk announced six
names remained. The Clerk prepared ballots and distributed them to the Council who were ask ed
to each select three names. After selections were made, they were tallied and the Clerk
announced that four names remained.
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Dakota County, Minnesota
May 15, 2001
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MOTION: of Sterling, seconded by Goodwin, amending the procedure to reduce the number
of candidates for appointment, establishe d by Resolution No. 1997 - 165, by
selecting two names on the next ballot and then one name. Ayes - 5 - Nays - 0.
The Clerk prepared ballots and distributed them to the Council who were asked to each select
two names of the four listed. After selections w ere made, they were tallied and the Clerk
announced that two names remained. The Clerk prepared ballots and distributed them to the
Council who asked to each select one name. After selections were made, they were tallied and
the Clerk announced that the name of David Schindler remained.
Resolution No. 2001 - 78
MOTION: of Sterling, seconded by Erickson, adopting appointing
David Schindler to the Planning Commission for a term expiring March 1, 2002.
The Council thanked all of the applicants for their inte rest in the position. It was noted
that the next Planning Commission meeting is May 16, 2001, and Mr. Schindler said he
would be able to attend.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MCES ROSEMOUNT/EMPIRE MASTER PLAN
Mr. Lawell reviewed a notice that Metropolitan Council Environmental Services will he holding a
briefing about the Rosemount/Empire Wastewater Treatment Plant Master Plan. If more than
two Councilmembers are interested in attending, it should be set as an informal meeting.
M OTION: of Goodwin, seconded by Erickson, setting an informal meeting, at 7:30 p.m., on
May 23, 2001, at Lakeville City Hall, for a briefing on the Rosemount/Empire
Wastewater Treatment Plant Master Plan. Ayes - 5 - Nays - 0.
SET GROWTH PARTNERSHIP COMMIT TEE MEETING
MOTION: of Goodwin, seconded by Erickson, setting the next Economic Growth Partnership
Committee meeting, at 7:00 a.m., on May 24th, 2001, at City Hall. Ayes - 5 -
Nays - 0.
COMMUNICATIONS & CALENDAR
The Council received a memo dated May 10 , 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
May 3, 2001, in the amount of $3,824,150.26; May 10, 2001, in the amount of
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Dakota County, Minnesota
May 15, 2001
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$1,546,440.78; and May 14, 2001, in the amount of $4,043,795.18. Ayes - 5 -
Nays - 0.
MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:50 o’clock p.m.