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HomeMy WebLinkAbout09/13/2001CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 13th, 2001, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Ham ann-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 Engineer Fick, Assistant to the City Administrator Grawe, Public Works Director Heuer, Park and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, 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. House Chaplain Lonnie Titus offered a prayer for peace and a moment of silence was observed for victims of the September 11, 2001, terrorism attacks in the United States. Chaplain Titus invited everyone to attend a memorial ceremony, at 3:00 p.m., at the State Capital on September 16, 2001. 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 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 August 23rd, 2001, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained). Resolution No. 2001-156 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to the School of Environmental Studies Education Foundation, CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 2 for an event on October 9, 2001, at 12155 Johnny Cake Ridge Road; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2001-157 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley Sons of American Legion Squadron 1776, for an event on October 13, 2001, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2001-158 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley American Legion Auxiliary Unit 1776, for an event on November 17, 2001, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2001-159 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley American Legion Auxiliary Unit 1776, for an event on December 9, 2001, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a new Tobacco Sales License to Hessen, Inc., d/b/a Tobacco Valley, at 15050 Cedar Avenue, Suite 104; expiring December 31, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-160 MOTION: of Grendahl, seconded by Sterling, adopting setting a service charge fee of $30.00 on any dishonored/returned check issued to the City. Ayes - 5 - Nays - 0. Resolution No. 2001-161 MOTION: of Grendahl, seconded by Sterling, adopting authorizing the Dakota County Community Development Agency to establish a tax increment financing district and plan for assisting construction of rental senior housing on Lot 1, Block 1, Pennock Place Senior Housing Addition. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing issuance of a building permit for a replacement single family residence on unplatted property at 12294 Johnny Cake Ridge Road, with conditions, as described in the Assistant Planner’s memo dated September 7, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Sterling, granting a setback variance to allow construction of a porch addition on a house to within 22 feet of the rear lot line on Lot 6, Block 3, The Oaks of Apple Valley (13440 Gunflint Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 3 MOTION: of Grendahl, seconded by Sterling, granting a setback variance to allow construction of a porch addition on a house to within 25 feet of the front lot line on Lot 1, Block 10, Apple Valley 8th Addition (856 Oriole Drive), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-162 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 00-144, East Valley Plaza 3rd Addition Sidewalk Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 4, 2001; combined with Project 99-106. Ayes - 5 - Nays - 0. Resolution No. 2001-163 MOTION: of Grendahl, seconded by Sterling, adopting ordering installation of Project 99-117, Shackelford Addition Utility and Street Improvements, with revised costs including Embry Way right-of-way acquisition, totaling $158,200.00. Ayes - 5 - Nays - 0. Resolution No. 2001-164 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 99-117, Shackelford Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 4, 2001, combined with Project 99-106. Ayes - 5 - Nays - 0. Resolution No. 2001-165 MOTION: of Grendahl, seconded by Sterli ng, adopting rejecting the only bid received for Project 98-418, Galaxie Avenue Widening Between 140th Street and County Road 38, due to exceeding cost estimates. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, app roving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 00-135, Northwest Airlines Federal Credit Union Street Improvements, in the amount of an additional $24,624.50. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by S terling, approving Change Order No. 4 to the contract with Brown & Cris, Inc., for Project 96-512, East Trunk Storm Sewer Improvements, in the amount of an additional $2,600.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Ch ange Order No. 1 to the contract with McNamara Contracting, Inc., for Project 00-148, 2001 Street Maintenance Program, in the amount of an additional $68,713.70. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 2 9 to the contract with Shaw Lundquist, Inc., for the Municipal Center Construction Project the amount of an additional $9,837.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 4 MOTION: of Grendahl, seconded by Sterling, accepting Project 00-135, Northwest Airlines Federal Credit Union Street Improvements, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $25,598.83. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a special permit for exemption from road restrictions for an oversized load for Semple Building Movers, Inc., to move a house from Apple Valley High School, via Hayes Road and 140th Street, out of the City, as attached to the Public Works Director’s memo dated September 13, 2001, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing disposing of surplus vehicles, no longer of use to the City, by selling them at the Dakota County public auction on September 22, 2001, as described in the City Clerk’s memo dated September 10, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Tara Becker for the full-time position of Police Officer as listed in the Personnel Report dated September 13, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report Addendum dated September 13, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RING-AROUND-THE-ARTS FESTIVAL Carole Elfstrum, President of the Ring-Around-The-Arts Board, was present and described activities planned for the festival on September 15 and 16, 2001. Approximately 70 artists will participate. The festival will be held in the parking lot at the Outdoor Aquatic Center as it was last year. She thanked City Staff for their support and invited everyone to attend. Anyone interested in volunteering to help work at the booths can contact them at (952) 985-3463. FIREFIGHTERS RELIEF ASSOCIATION BOOYA FUND RAISER Dave Ganfield, of the Fire Department, invited everyone to attend the 23rd annual Apple Valley Firefighters Relief Association “Booya” fund raiser on September 15, 2001. It will be held at Fire Station No. 1 and serving begins at 11:00 a.m. PROJECT 99-106, SEASONS ON THE PARK IMPROVEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 5 Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider Project 99- 106, Seasons on the Park Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated August 14, 2001. He noted that sanitary sewer will require obtaining easements from two residents on Edinborough Circle, south of County Road 38, in order to extend it to the north side of County Road 38. For bidding purposes, the project will be combined with Projects 99-117 and 00-144 and include a section of sidewalk on Germane Avenue north of 126th Street. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:20 p.m. Resolution No. 2001-166 MOTION: of Goodwin, seconded by Grendahl, adopting ordering installation of Project 99-106, Seasons on the Park Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2001-167 MOTION: of Sterling, seconded by Erickson, adopting approving plans and specifications for Project 99-106, Seasons on the Park Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 4, 2001, combined with Projects 99-117 and 00-144. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE RESTAURANT/RETAIL COMPLEX Mr. Lovelace reviewed the Planning Commission recommendation concerning development of Outlot D, Fischer Market Place, at the corner of County Road 42 and Galaxie Avenue; as a restaurant/retail complex. An amendment to the planned development zoning is required to allow neighborhood type restaurants in Zone 2. Two of these smaller restaurants are proposed in a multi-tenant building on the northern part of the lot. Two free-standing restaurants are proposed for the corner separated by a plaza area. The details of the plaza area have not been completed, but the owner is considering incorporating a monument sign into the plan. Sign approval is not included in the recommendation since it may require revising the ring route monument at the corner. The outlot will also need to be replatted prior to building construction. Paul Bilotta, of Birchland Development, the developer was present and said one of the free- standing restaurants is Ruby Tuesday’s and one of the restaurants in the multi-tenant building is Noodles & Company. They cannot release the names of the other two restaurants yet. He described the concept they have been working with for the plaza area to give it a raised appearance. It may include a fountain and it will be connected with pathway and sidewalk for pedestrian access. They have not determined how a monument sign will fit into the area yet. Ordinance No. 699 MOTION: of Goodwin, seconded by Grendahl, passing amending Section A24-2(b) of Appendix A of the City Code by adding subparagraph 8, allowing up to four neighborhood restaurants; not exceeding 3,000 square feet each in size, with no drive thru window service; as a permitted use in Zone 2 of CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 6 Fischer Market Place Planned Development Designation No. 646, as recommended by the Planning Commission. MOTION: of Sterling, seconded by Erickson, amending the foregoing motion by allowing no more than two, of the four, neighborhood-type restaurants in Zone 2 to be permitted on the current Outlot D. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Resolution No. 2001-168 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit to allow for construction of 4,999 and 8,000 square-foot free-standing restaurants and a 14,600 square-foot multi-tenant building on Outlot D, Fischer Market Place, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-169 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on October 9, 2001, to consider vacating part of a drainage and utility easement on Lot 1, Block 1, Fischer Market Place 6th Addition. Ayes - 5 - Nays - 0. Resolution No. 2001-170 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit to allow for construction of a 49,581 square-foot building, connected to existing stores; on Lot 1, Block 1, Fischer Market Place 6th Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE LAKE DEVELOPMENT Mr. Lovelace reviewed the Planning Commission recommendation on the proposed Cobblestone Lake development in the southeastern corner of the City. The development encompasses 327 acres including a 40-acre storm water detention pond. A Comprehensive Plan amendment redesignating part of the area to “P” and “MD” and the westerly 23 acres to “C” is required prior to rezoning. After Metropolitan Council approval of the amendment, a rezoning to planned development will be required. At this time, preliminary plat approval for phase one, the easterly 70 acres, is requested. Robert Wachholz, representing Traditions Development, described the concept of the planned community intended to comprise 2,000 to 2,500 dwelling units along with neighborhood shops and businesses. The project involves reclaiming a gravel mining site beginning at the east side of the property. Housing density will increase as development moves to the west. The area around the City’s 40-acre pond will be developed as park and public use space. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 7 Councilmember Goodwin said he appreciates the amenities being proposed but believes the trail around the lake should be a dual trail for the entire distance. Each trail does not need to be eight feet wide, but there needs to be separate trails for bikes and pedestrians. Mr. Wachholz said the concept of separate trails on the west side of the lake and a single trail on the east side was discussed with the Park Committee. The concept was proposed to improve the appearance and avoid too much asphalt. They would like to prepare illustrations of the trail and landscaping for further review along with the planned development ordinance. Councilmember Sterling asked how much green space, in addition to the lake, is proposed and how construction and maintenance of the amenities will be funded. Mr. Wachholz said there will be 40 acres including regrading of Apple Valley East Park and the acreage around the lake. The developer will be dedicating more land than required and constructing amenities beyond a typical park. The Park Department is looking at what it would ordinarily spend to maintain a typical park as its contribution and the homeowners association will take over the balance. Mr. Johnson said the Park Department has maintenance concerns about narrower trails. It may be possible to use a 10 or 12 foot wide trail with striping instead of two trails in some areas. They will be working with the developer and the City Attorney to specify the details and believe the maintenance issues can be addressed in a contract. Resolution No. 2001-171 MOTION: of Eric kson, seconded by Goodwin, adopting submitting an amendment to the Land Use Map of the Comprehensive Guide Plan to the Metropolitan Council for Cobblestone Lake development, changing uses to “P”, “MD” and “C”, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-172 MOTION: of Goodwin, seconded by Grendahl, adopting approving the preliminary plat for phase one of Cobblestone Lake development, consisting of 138 single family lots and three outlots on 70 acres, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-173 MOTION: of Grendahl, seconded by Sterling, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-119, Cobblestone Lake Utility and Street Improvements, and directing Staff to prepare an agreement detailing recovery of all City costs from the developer as described in the Community Development Director’s memo dated September 10, 2001. Ayes - 5 - Nays - 0. PROPOSED 2002 CITY BUDGET AND TAX LEVY Mr. Lawell reviewed the process involved in preparing the proposed City budget and tax levy for 2002 that the Council reviewed at previous meetings. The levy being proposed is less than CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 8 allowed by the state. The preliminary levy set tonight would be the maximum. At final adoption, the amount certified can be decreased but cannot be increased over the proposed amount. Mr. Ballenger reviewed the proposed budget and levy of $14,295,526.00 for general purposes and $1,344,578.00 for debt purposes. The maximum levy allowed for general purposes is $14,715,287.00. He showed examples of the levy on various valued homes compared to 2001 taxes. Due to changes by the Legislature, the Council is not required to hold a truth in taxation hearing this year; but if it opts to hold a hearing, published notice is required. The parcel specific notices mailed by the County will not include information about a hearing. Councilmember Goodwin said the Council is not levying the maximum allowed. Due to legislative changes shifting property taxes from the schools, the City portion of the tax bill will increase. The total property tax bill will be reduced on almost all values of homes. Councilmember Sterling noted that the City also lost $2,700,000.00 in state aid for next year. The levy would have been even less if it did not have to make up this loss. Councilmember Grendahl said the Council has not completed review of the budget yet. It is still considering issues related to what appropriate surpluses are for various City funds. Resolution No. 2001-174 MOTION: of Goodwin, seconded by Erickson, adopting approving proposed 2002 budgets, with total revenue of $35,543,014.00 and expenditures of $35,154,248.00, and approving the proposed tax levy collectible in 2002 of $15,640,104.00 consisting of $14,295,526.00 for general purposes and $1,344,578.00 for debt purposes. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, setting an informal meeting for further budget review, at 6:00 p.m., on September 17, 2001, at City Hall. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting a public hearing on the proposed 2002 budgets and tax levy, at 8:00 p.m., on October 25, 2001, at the Municipal Center. Ayes - 5 - Nays - 0. MUNICIPAL LEGISLATIVE COMMISSION MEMBERSHIP Councilmember Grendahl said memberships in all organizations have been reviewed as part of the budget process. If a City intends to withdraw from the Municipal Legislative Commission (MLC), it must give notice by September 15th of the preceding year. Because all of these memberships are still under consideration, a notice of intent to withdraw should be given and a decision to join can still be made. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 9 MOTION: of Grendahl, seconded by Sterling, de claring Apple Valley’s intent to not renew its membership in the Municipal Legislative Commission for 2002 and giving appropriate notice, with the understanding it could be reconsidered at a later date. The Council discussed lobbying efforts and information provided by the MLC. They noted that modification of the property tax system proposed at the legislature caught many off guard this year. Councilmember Goodwin said since Apple Valley and suburban cities represented by the MLC were big losers in state aid this year, discussion with them about their efforts would be appropriate before withdrawing. The Council reviewed clients represented by Messerli & Kramer, who provides lobbyists for the MLC. Councilmember Grendahl expressed concern that the City also belongs to the Association of Metropolitan Municipalities and the League of Minnesota Cities and needs to evaluate whether all these payments are of value to the taxpayers. Vote was taken on the motion. Ayes - 2 (Grendahl and Sterling) - Nays - 3 (Hamann-Roland, Erickson and Goodwin.). Motion failed. The Council asked Staff to invite the MLC to meet with them at a future meeting to discuss its achievements and objectives with them. COMMUNICATIONS & CALENDAR Councilmember Sterling thanked everyone involved for organizing the Lebanon Cemetery ribbon cutting and dedication ceremony held earlier this evening. She encouraged the public to take an opportunity to go out and visit it. Mr. Heuer commented on updated traffic count information on Garden View Drive. The information was compared with previous counts and shows minimal increase in traffic volume and a slight decrease in traffic speed where the street was narrowed. They will continue to monitor the street and are considering planting additional trees in the future. Police Chief Johnson said temporary parking restrictions have been placed on the east side of Garrett Path at 160th Street. Vehicles involved with the Habitat for Humanity project are now parking in a different location. The Council received a memo dated September 10, 2001, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated August 29, 2001, in the amount of $876,466.13; September 5, 2001, in the CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2001 Page 10 amount of $17,322,964.57; and September 12, 2001, in the amount of $986,943.32. Ayes - 5 - Nays - 0. CLOSE MEETING LABOR NEGOTIATIONS & ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1a to discuss AFSCME maintenance workers labor negotiations. He also asked to discuss the status of threatened and pending litigation with them. The item to be discussed involves a Court Appeal by Timothy Anderson. MOTION: of Erickson, seconded by Sterling, to close the regular meeting and convene in closed session to discuss AFSCME labor negotiations and threatened and pending litigation related to an appeal by Timothy Anderson. Ayes - 5 - Nays - 0. The meeting was closed at 10:27 p.m. and the Council convened in the Conference Room, at 10:35 p.m., along with City Attorney Dougherty, Labor Consultant Frank Madden, City Administrator Lawell, City Clerk Mueller, Public Works Director Heuer, Park & Recreation Director Johnson and Human Resources Manager Strauss. 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 labor negotiations portion of the meeting was tape recorded beginning at 10:35 p.m. and ending at 11:05 p.m. At that time Mr. Madden, Mr. Heuer, Mr. Johnson, and Ms. Strauss left. The Council reconvened in open session at 11:10 p.m. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:11 o’clock p.m.