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HomeMy WebLinkAbout12/08/2003CITY OF APPLE VALLEY Dakota County, Minnesota Dec ember 8 , 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Dec ember 8 th, 2003, at 7 :00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty , City Engineer Fick, Finance Director Ballenger, Assistant Plan ner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wa ssmund. Mayor Hamann - Roland called the meeting to order at 7 :00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickso n, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. Aye s - 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 Bergma n , seconded by Goodwi n , approving a ll items on the consent agenda , with no exceptions , and requesting discussion of Valleywood Golf Course and Ice Arena fees and attorney’s fees at a future informal meeting . Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwi n, approving the minutes of the regular meeting of Novem ber 25 th , 2003, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving the minutes of the special 2004 budget hearing meeting of December 1, 2003, as written . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving renewal and issuance of 3.2 Percent Malt Liquor Licenses for 2004 , as attached to the City Clerk ’s memo dated Dec ember 5 , 2003 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 2 MOTION: of Bergman, seconded by Goodwin, approving a change in officers /ownership for Pickled Parrot II , Inc., d/b/a Pickled Parrot , in connection with the On - Sale Liquor License at 14889 Florence Trail , naming David W. Anderson as Chairman of the Board and Frank Lamar Hamilton as President ; as d escribed in the City Clerk’s memo dated Decem ber 5 , 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a n ALF Amended Joint Powers Agreement to Provide Ambulance Service with the cities of Lakeville and Farmington , as attached to the Ambulance Administrator ’s memo dated November 1 1, 2003; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, referring review of the City’s tree removal and preservation regulatio ns to the Urban Affairs Committee to consider their appropriateness and recommendation for any changes, as described in the City Administrator’s memo dated December 5, 2003 . Ayes - 5 - Nays - 0. Resolutio n No. 2003 - 228 MOTION: of Bergman, seconded by Goodwin, adopting approving transfer of $250,000.00 from the Liquor Fund to the General Fund for 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 229 MOTION: of Bergman, seconded by Goodwin, adopting approving transfer of $284,108.00 from the Police Relief Fu nd to the General Fund for 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving revised City Attorney’s fees for 2004 legal services as attached to the Assistant to the City Administrator’s memo dated December 8, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting the 2004 fee schedules for Valleywood Golf Course and Apple Valley Sports Arena and Hayes Park Arena ice rental, as attached to the Parks and Recreation Director’s memo dated December 4, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving submittal of a letter supporting Dakota County Community Development Agency’s use of low - income tax credits to assist Apple Valley Leased Housing Associates III, L.P., for Hearthstone Apartments and Townhomes (formerly Regatta Commons) a s attached to the Community Development Director’s memo dated Dec ember 5 , 2003. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 3 MOTION: of Bergman, seconded by Goodwin, approving reduction of subdivision financial guarantees fo r Regatta Commons, from $254,100.00 to $110,000.00; and Summerhill Cooperative of Apple Valley, from $372,950.00 to $25,000.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving acquisition of a Ponding and Drainage Easement on part of Lot 13, Block 2, Palomino Hills, and authorizing payment of $7,300.00 to John and Vicki Hunter, as attached to the City Engineer’s memo dated December 3, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 2 30 MOTION: of Bergman, seconded by Goodwin, a dopting approving specifications for “Water Management Program Services for Outdoor Pools” and authorizing advertising for receipt of proposals, at 2:00 p.m., on December 23, 2003 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an A greement with Infrastructure Technologies, Inc., for Cured - In - Place Pipe Repairs on Sanitary Sewer Lines, in the amount of $22,000.00, as attached to the Public Works Supervisor’s memo dated December 8, 2003, and authorizing the Mayor and City Clerk to sig n the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a uthorizing the expenditure of $53,867.00 to purchase a Holder C240 Tractor for sidewalk and pathway snow removal, as requested in the Parks and Recreation Director’s memo dated De cember 4, 2003 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated Dec ember 8 , 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA NOODLES & COMPANY ON - SALE WINE & BEER LICENSE S Mayor Hamann - Roland called the public hearing to order at 7 :0 3 p.m. to consider an application from The Noodle Shop Co. - Colorado , Inc., d/b/a Noodles & Company, for on - sale wine and beer licenses , and noted receipt of the affidavit of publi cation of the hearing notice. The City Clerk reviewed her memo , dated Dece mber 5 , 2003 , describing the new application that would replace the license currently held by The Noodle Shop Co. - Minnesota, Inc., at 14879 Florence Trail . The Mayor asked for ques tions or comments from the Council and the audience. There were none and the hearing was declared closed at 7 :04 p.m. Resolution No. 2003 - 2 31 MOTION: of Goodwin , seconded by Erickso n, adopting approving issuance of on - sale wine and 3.2 percent malt liquo r licenses to The Noodle Shop CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 4 Co. - Colorado, Inc., d/b/a Noodles & Company, at 14879 Florence Trail , effective January 1, 2004 . Ayes - 5 - Nays - 0. CENTRAL VILLAGE DESIGN GUIDELINES M r. Lovelace reviewed his memo, dated Dec ember 5 , 2003, concerning the proposed Central Village Design Guidelines that had a first reading on November 25, 2003 . The guidelines would provide the framework for completion of downtown development on properties , comprising approximately 54 acres, around the intersection of 153rd Street and Galaxie Avenue. The Central Village plan is intended to incorporate new urbanism and pedestrian friendly design principles into an integrated mixed - use development. The document details controls and recommendations for development on specific sites within the Central Village and is complete subject to minor editing and pagination . He reviewed t he proposed planned development rezoning ordinance to create two zones, one for multiple family residential and one for commercial and residential devel opment within mixed - use buildings. A final item being presented is revision to Planned Development Designation No. 716, the Legacy of Apple Valley, to apply the design guidelines to development that has not received approval yet. Councilmember Bergman sa id he would like to see the minimum required size of trees , used in the Central Village landscaping , increased to be more pro portionate to the size of buildings anticipated and give a more established feeling to the development. Mr. Lovelace said the plan ned development ordinance requires a master landscape plan and a change could be brought back to address tree size . He will confer with the Natural Resources Coordinator to determine what size of trees might be specified. Resolution No. 2003 - 2 32 MOTION: of Erickson, seconded by Goodwin, adopting approving the Central Village Plan Design Guidelines, with a revised date of December 5, 2003, as the framework for completion of downtown development for the area around the intersection of 153rd Street and Galax ie Avenue. Ayes - 5 - Nays - 0. Ordinance No. 739 MOTION: of Grend ahl , seconded by Erickson, passing a mending Appendix F of the City Code by adding Article A31, establishing Planned Development Designation No. 739, detailing uses and performance standard s for the Central Village area located at the intersection of 153rd Street and Galaxie Avenue; as recommended by the Planning Commission . Ayes - 5 - Nays - 0. Ordinance No. 740 MOTION: of Bergman, seconded by Erickson, passing amending Article A30 of App endix F of the City Code regulating Planned Development Designation No. 716, The Legacy of Apple Valley; by incorporating Central Village design guidelines to apply to development that has not yet received approval from the City, as recommended by the Plan ning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 5 REMAX REAL ESTATE OFFICE BUILDING M s . Dykes reviewed the Planning Commission recommendation for a proposed, 15,000 square - foot, two - story, office building to be located at the northeast corner of Founders Lane and G alaxie Avenue . The building’s main entrance will be on Galaxie Avenue and the entryway will be modified to meet the Central Village Guidelines and give the building a more retail - like appearance. The hardscape plan remains to be completed, but will also be consistent with the Guidelines. Revised building elevations have been provided to show canopies over the first floor windows as requested by the Planning Commission. Resolution No. 2003 - 233 MOTION: of Bergman , seconded by G rendahl , a dopting approving the site plan and authorizing issuance of a building permit for REMAX Real Estate office building on Lot 3, Block 1, The Legacy of Apple Valley 3rd Addition ; with conditions as recommended by the Planning Commission, subject to modifications to the front e ntryway design . Ayes - 5 - Nays - 0. PROPERTY TAX LEVY & 2004 CITY BUDGET Mr. Lawell described the budget process and meetings held to consider setting the property tax levy and 2004 City budget including a public hearing on December 1, 2003. Mr. Balle nger reviewed his memos dated December 5, 2003, recommending adjustments to water and sanitary sewer rates and street lighting system rates for 2004. Resolution No. 200 3 - 2 34 MOTION: of Erickso n, seconded by Goodwin , adopting approving setting the City tax levy collectible in 200 4 at $1 6,971,252 and approving 200 4 budgets with total revenue of $3 6,146,291 and expenditures of $3 7,217,386 . Councilmember Grendahl said she is proud of the job staff has done in preparing the budget, however, she has a philosoph ical difference with balances shown for cash flow and is concerned that the cash balance is increasing and is too high. She disagrees with levying back all of the lost State Aid which only serves to increase the cash balance. She would rather support usi ng the funds to increase staffing than increasing the balance. Mr. Lawell commented on the issue of state - imposed levy limits resulting in cities’ inability to recover unused le vy authority from the previous year. The levy authority provides an ongoing r evenue source while reducing cash balance provides a one - time revenue source. In the past, the cash balance has been used for one - time capital items. He reviewed items in the 2004 - 2008 Capital Improvements Program that are not addressed in the budget . A variety of funding sources are identified for these items, but $6,020,000 is shown as coming from the General Fund . CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 6 Councilmember Erickson said without knowing what the Legislature will do, he is concerned about not levying back lost State Aid. That one - time savings could penalize the City and become the future levy limit or maximum for next year. Councilmember Bergman asked what the effect would be if only 30 percent of the lost State Aid were levied back rather than the 60 percent allowed. Mr. Ballen ger said the levy allows reclaiming about $660,000 . In order to affect a one percent change in the tax rate, the levy needs to be reduced by about $400,000. That reduction in revenue would result in about a $25.00 decrease on a $200,000 home. Councilmem ber Grendahl asked about cash balance investments and the option of borrowing from other funds rather than increasing the balance. Mr. Ballenger said cash is invested; both short term and long term, in a mixture allowed by state law and reviewed permitted investment options . Any borrowing between funds can be done, but needs to be repaid with interest. Councilmember Bergman said he is not ready to address items in the Capital Improvement Programs at this time, but would like to discuss them at a future i nformal meeting. He would agree with using cash to pay the loan now shown for Arena No. 1 and look at any other funds that have loans to be repaid. He is comfortable with the budget as proposed and agrees the need for additional employees should be revie wed . Councilmember G oodwin commented on the cash flow issue and timing of payments cities receive and said the State Auditor recommends maintaining a 50 percent balance. He noted that the City of Eagan’s balances averaged 68 percent over the most recent three - year period that numbers were available. He is concerned about deficits and decisions made by the Federal and State governments to refund when there was a surplus and create deficits. Councilmember Erickson said, for the next budget cycle, he would like a report on increasing Police staffing and other staffing needs in the City . Mayor Hamann - Roland thanked the Council for the discussion and Staff for preparing the budget and comparison information . Vote was taken on the motion. Ayes - 4 - Nays - 1 (Grendahl). Resolution No. 200 3 - 2 35 MOTION: of Bergman , seconded by Goodwin , adopting setting water and sewer utility rates effective January 1, 200 4 , increasing water consumption charges by 1.1 percent and sanitary sewer charges by 0.8 percent. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 7 Resolution No. 2003 - 23 6 MOTION: of Erickso n, seconded by Bergman , adopting setting street lighting system rates effective January 1, 2004, sett ing monthly rates for single family at $1.46, multiple a t $1.10 per unit, commercial in ring ro ute at $725 per acre, and other commercial at $3.85 per acre . Councilmember Goodwin noted street light rates have not changed since 1996 and Dakota Electric is now projecting a 25 - percent increase over the next two years. They have a difficult situation in revising rates on a timely basis due the Public Utility Commission’s lengthy hearing process. Vote was taken on the motion. Ayes - 5 - Nays - 0. AMENDMENTS TO FEE SCHEDULES The City Clerk reviewed proposed amendments to fee schedules contained in th e City Code and established by resolution as described in her memo dated December 5, 2003. Amendments to the City Code include a new building permit fee schedule , developed by a working group of metropolitan area communities, applying a Consumer Price Ind ex adjustment to the 1997 UBC schedule. Other changes are in public improvement trunk rates, planning and development charges, and an increase in the mandated Metropolitan Council Environmental Services service availability charge from $1,2 75 .00 to $1, 350 .00. The other fee s established by various resolutions over the years are restated in one document that also shows delet ing items no longer applicable. Councilmember Erickson noted that State law established the permit fee for replacing a residential wat er heater or water softener at $15.00 and asked if progress had been made on publicizing the need for permits. Mr. Heuer said the Building Official included it in an article in the City newsletter . Resol ution No. 2003 - 237 MOTION: of Erickson, seconded by Bergman, adopting amending, adding and deleting fees and charges for certain City services effective January 1, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 7 4 1 and passing amending the Fee Schedule Appendix of Title III of the City Code by adjusting fees and charges for building permits, public improvement trunk charges, planning and development a ctivities , and increasing the Metropolitan Council Environmental Services sewer availability charge to $1, 350 .00 effective January 1, 2004 . Ayes - 5 - Nays - 0. DAKOTA ELECTRIC ASSOCIATION FRANCHISE EXTENSION CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 8 Mr. Heuer reviewed his memo dated December 8, 2003, concerning an ordinance amending City Code Section 119.02(A) by extendi ng the term of the electrical franchise with Dakota Electric Association from June 30, 2003 to June 30, 2004. This will allow time for a new franchise agreement to be negotiated. MOTION: of Grendahl, seconded by Goodwin, waiving the procedure for a secon d reading Ordinance No. 742 and passing amending City Code Section 119.02(A) by extending the term of the electrical franchise with Dakota Electric Association until June 30, 2004. Ayes - 5 - Nays - 0. CEMETERY ADVISORY COMMITTEE VACANCY MOTION: of Gren dahl , seconded by Bergman , declaring a vacancy on the Cemetery Advisory Committee , for a term expiring March 1, 2004 , due to the death of Reid Koepp ; and announcing that applications for the position will be accepted until December 31, 2003, with appointme nt considered at the meeting of January 8, 2004, as described in the City Clerk’s memo dated December 5 , 2003 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Bergman commented on the positive experience he had meeting with 3rd grade studen ts at Westview Elementary School on December 5, 2003. He thanked Assistant Planner Dykes for accompanying him and speaking with the students. The Council received a memo dated Dec ember 5 , 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check register dated Dec em ber 4 , 2003, in the amount of $ 8 , 122,934.68 . Ayes - 5 - Nays - 0. CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of G rendahl , seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss AFSCME Maintenance union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 8: 50 p.m. In attendance were Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Human Resources Manager St rauss, City Administrator Lawell, City Clerk Mueller, Public Works Director Heuer, and CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2003 Page 9 Parks and Recreation Director Johnson. The meeting was tape recorded as required by law. The Council reconvened in open session at 9: 16 p.m. MOTION: of G oodwin , secon ded by Bergman , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9 : 17 o’clock p.m.