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HomeMy WebLinkAbout06/28/2001CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 28th, 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, Assistant Planner Bodmer, Natural Resources Coordinator Colleran, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Assistant Planner Milton, Administrative Assistant Pederson, and Human Resources Manager Strauss. 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 presented. 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. No one was present to speak. 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 MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of June 14th, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001-98 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $1,400.00 from Apple Valley American Legion Post 1776 toward installation of a flag pole at Lebanon Cemetery. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 2 Resolution No. 2001-99 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $2,000.00 from Apple Valley American Legion Post 1776 toward sponsorship of the 2001 4th of July celebration. Ayes - 5 - Nays - 0. Resolution No. 2001-100 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $372.00 from Apple Valley American Legion Post 1776 for services for its convention and anniversary event. Ayes - 5 - Nays - 0. Resolution No. 2001-101 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of a 1989 Pontiac automobile from Warren and Laurie Pyle for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2001-102 MOTION: of G rendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley High School All Sports Booster Club, for an event on September 30, 2001, at 14450 Hayes Road; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of new 2001 Off-Sale 3.2 Percent Malt Liquor and Tobacco Sales Licenses to Sam’s West, Inc., d/b/a Sam’s Club #4736, at 14940 Florence Trail, as described in the City Clerk’s memo dated June 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the change to Carin L. Stutz as corporate officer of Apple American Limited Partnership, d/b/a Applebee’s Neighborhood Grill & Bar, 14678 Cedar Avenue, in connection with its On-Sale Liquor License, as described in the City Clerk’s memo dated June 25, 2001. Ayes - 5 Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the ch ange to John G. Ryan as General Manager for Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14898 Glazier Avenue, in connection with its On-Sale Liquor License, as described in the City Clerk’s memo dated June 25, 2001. Ayes - 5 Nays - 0. Resolution No. 2001-103 MOTION: of Gren dahl, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Pennock Place Senior Housing and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of the subdivision financial guarantee for Cedar Isle Estates 6th Addition, from $6,000.00 to $1,025.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 3 Resolution No. 2001-104 MOTION: of Grendahl, seconded by Sterling, adopting receiving the preliminary engineering report for Project 01-153, Diamond Valley Estates Addition Utility and Street Improvements, and setting at public hearing on it, at 8:00 p.m., on July 12, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-105 MOTION: of Grendahl, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 01-153, Diamond Valley Estates Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2001-106 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 98-418, Galaxie Avenue Widening Between 140th Street and County Road 38, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 2, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-107 MOTION: of Gren dahl, seconded by Sterling, adopting approving specifications for Refurbishing 1991 Fire Pumper Truck, Unit 4987, and authorizing advertising for receipt of bids, at 2:00 p.m., on July 17, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-108 MOTION: of Gre ndahl, seconded by Sterling, adopting approving plans and specifications for ALF Ambulance Office Addition to Fire Station No. 1 and authorizing advertising for receipt of bids, at 2:00 p.m., on July 19, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 3 to the contract with Keys Well Drilling for Project 00-130, Deep Well No. 17 Drilling, in the amount of a $4,030.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 24 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $4,712.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 25 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $11,506.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Projects 99-109 and 99-120, Eastwood Ridge Utility and Street Improvements ant Well No. 16 Water Mains, as final and authorizing final payment on the contract with Inland Utility Construction in the amount of $24,343.28. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 4 MOTION: of Grendahl, seconded by Sterling, accepting Project 99 -123, 2000 Street Maintenance Program, as final and authorizing final payment on the contract with Ideal Paving of Henderson, in the amount of $22,605.58. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 00-130, Deep Well No. 17 Drilling, as final and authorizing final payment on the contract with Keys Well Drilling in the amount of $17,309.10. Ayes - 5 - Nays - 0. Resolution No. 2001-109 MOTION: of Grendahl, seconded by Sterling, adopting establishing no parking zones on both sides of Galaxie Avenue between Upper 139th Street and Galaxie Place; and authorizing installation of signage. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a special permit for moving an oversized load on 145th Street and on Foliage Avenue to County Road 42 for P. H. Feely & Son, Inc., valid until July 1, 2001, as attached to the Public Works Director’s memo dated June 28, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Gren dahl, seconded by Sterling, approving Traffic Signal Agreement No. 01-05 with Dakota County and the City of Burnsville, for the intersection of County Road 11 and Palomino Drive/135th Street, as attached to the Public Works Director’s memo dated June 28, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-110 MOTION: of Grendahl, seconded by Sterling, adopting rejecting all bids received on June 19, 2001, for Valley Middle School Park Shelter Building Renovations; approving revised plans and specifications; and authorizing for receipt of bids, at 2:00 p.m., on July 19, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-111 MOTION: of Grendahl, seconded by Sterling, adopting declaring utility pumps and storm sewer pipe as surplus property, as described in the Public Works Supervisor’s memo dated June 28, 2001, and authorizing disposing of them by sealed bids, at 2:00 p.m., on July 17, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approv ing a cost sharing Agreement with Independent School District No. 196 for pedestrian pathway lighting along 145th Street, at Apple Valley High School, in the amount of $9,300.00, as attached to the City Administrator’s memo dated June 25, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a renewal Agreement with Pinkerton Services Group for 2001 drug testing services, as attached to the Human CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 5 Resources Technician’s memo dated June 21, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the Fire Chief’s appointment of Scott Mattingly and Stew Shepard as Captains at Fire Stations No. 1 and No. 3, respectively, as listed in his memo dated June 19, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report dated June 18, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 4TH OF JULY CELEBRATION Mr. Johnson thanked the Council for its support of the annual 4th of July Celebration and introduced Pat Schesso, Freedom Days Committee and Parade Chair, who described activities planned for the celebration and invited everyone to attend. This year activities will begin, on June 29th, Dancin’ & Cruisin’ car show at Rascals. July 1st will be a concert at Apple Valley High School and July 2nd a golf tournament at Valleywood Golf Course. July 3rd will be family fun night and picnic at Hayes Field. The parade will start at 1:00 p.m., on July 4th. Pre-fireworks entertainment begins at 5:00 p.m., at Johnny Cake Ridge Park, and the evening concludes with a fireworks display, at 10:00 p.m. Bill Bird, Recreation Supervisor, described the Battle of the Bands contest, being held at the Teen Center, on June 30th. The winner will appear at the pre-fireworks entertainment July 4th. Resolution No. 2001-112 MOTION: of Grendahl, seconded by Sterling, adopting proclaiming July 4, 2001, as “The 35th Annual Apple Valley 4th of July Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 5 - Nays - 0. APPLE PONDS 6TH ADDITION Ms. Milton reviewed her memo dated June 22, 2001, describing the proposal to plat two lots, as Apple Ponds 6th Addition located northwest of 160th Street and Garrett Path, and transfer them to Twin Cities Habitat for Humanity (TCHFH) for construction of two houses. On June 14, 2001, a motion to amend the Comprehensive Plan land use designation for two lots failed. A motion to amend the use for one lot was tabled. She reviewed additional information requested regarding lot areas and building materials in the neighborhood surrounding the property. Stephen Seidel, Executive Director of TCHFH, said its Board met June 19, 2001, and discussed building one home rather than two. That is not their preference, but agreed building one home CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 6 now is better than none. They want to maintain their relationship with the City and will accept the opportunity to build one home. The City Clerk read the motion for the Comprehensive Plan amendment, tabled from June 14, 2001, which was then before the Council. Resolution No. 2001-113 MOTION: of Erickson, seconded by Grendahl, adopting authorizing submitting an amendment to the Comprehensive Plan; changing 11,000 square feet of Lot 2, Block 1, Apple Ponds 5th Addition, from “HD” to “LD” on Land Use Guide Map; to the Metropolitan Council (proposed Lot 2, Block 1, Apple Ponds 6th Addition) as recommended by the Planning Commission. Councilmember Goodwin commented that the amendment requires approval by a four- fifths vote of the Council and that was why the motion on June 14, 2001 for two lots failed. He is not opposed to the proposal and wants to work with TCHFH. Councilmember Erickson commented on the initial petition from the neighborhood that was opposed to the homes. He expressed frustration with callers who continued to repeat misinformation about changes to the storm water pond, descriptions of two-story homes in the neighborhood, etc. Councilmember Sterling said she is not opposed to TCHFH, but believes only one home should be built on the site. The second, southerly, lot proposed is not a good site for any home. She would support working with TCHFH on another site in the City as well. Mayor Hamann-Roland said she believes TCHFH will be considerate of the neighborhood and will work with the neighborhood on any construction issues. Vote was taken on the motion. Ayes - 5 - Nays - 0. Resolution No. 2001-114 MOTION: of Erickson, seconded by Sterling, adopting approving the preliminary plat of Apple Ponds 6th Addition, with one lot (replat of 11,000 square feet of Lot 2, Block 1, Apple Ponds 5th Addition), contingent upon completing the Comprehensive Plan amendment and rezoning the site. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, directing Staff to prepare an agreement for transfer of Apple Ponds 6th Addition property to Twin Cities Habitat for Humanity. Ayes - 5 - Nays - 0. DALSETH DENTAL CLINIC CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 7 Ms. Bodmer described a proposed 7,000 square-foot dental clinic to be located on the southeast corner of 145th Street and Cedar Avenue. The request includes a conditional use permit for alternate exterior building materials from the face brick or natural stone required. The request was tabled at the meeting of June 14, 2001, to allow the Council to review samples of the proposed building materials. Tim Altus, the Architect, was present and described the design of the proposed building. They developed a one-story building to fit the site, optimize green space, and encourage movement to the driveway on the east side of the lot. The exterior is designed with a combination of oversized decorative concrete block, hardi-panel, brick, and stucco in earth tones. The west side of the building is the entry area enclosed in glass. Samples of the materials were presented. Councilmember Erickson asked for clarification of the conditional use permit approval requested. Mr. Dougherty said the permit approval is for the type of exterior materials, not their colors. To not approve the permit, a determination would have to be made that the rock face block and hardi-panel materials do not meet the ordinance. Councilmember Goodwin asked what materials might be used if the conditional use permit is not approved? Mr. Altus said cost would be a consideration, but possibly stucco or some type of oversized stone could be substituted. Resolution No. 2001-115 MOTION: of Grendahl, seconded by Erickson, ad opting approving a Conditional Use Permit for alternate exterior building materials for a dental clinic on Lot 1, Block 1, Christian Science Society; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-116 MOTION: of Grend ahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for a dental clinic on Lot 1, Block 1, Christian Science Society; with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. 2002 LOCAL TRANSIT TAX LEVY Mr. Ballenger reviewed his memo dated June 25, 2001, describing the local transit tax levy proposed for 2002. The City must notify the County and State by June 30th of its intent to levy and the amount. The State Legislature is now considering legislation that includes some type of City levy limits and removes transit funding from local property taxes. If the bill is passed, the resolution of intent will not be necessary. Councilmember Grendahl, Chair of the MVTA Finance Committee, said it held down expenditures this year; but, with renegotiated contracts, will not be able to do so again. If proposed legislation passes, transit will no longer be funded by local property taxes and will address bus ridership issues related to residency. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2001 Page 8 Resolution No. 2001-117 MOTION: of Grendahl, seconded by Sterling, adopting declaring the City’s intent to exercise the local transit tax levy option for taxes payable in 2002 in the amount of $1,512,521.00 (92% of maximum) or the 2001 levy ($1,106,712.00) adjusted by the levy limit multiplier whichever is less. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated June 25, 2001, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check registers dated June 20, 2001, in the amount of $1,281,024.76; and June 27, 2001, in the amount of $8,409,296.02. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:50 o’clock p.m.