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HomeMy WebLinkAbout10/25/2001CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 25th, 2001, at 8:00 o’clock p.m., at Apple Valley Municipal Center. 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, Accountant Broughten, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Administrative Assistant Pederson, Human Resources Manager Strauss, and Fire Chief Wassmund. 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 Grendahl, seconded by Erickson, approving the agenda for to night’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. There was no one present to speak. CONSENT AGENDA MOTION: of Gre ndahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of October 9th, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001-189 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $100.00 from Wilton and Nancy Anderson towards cemetery plants and landscaping materials. Ayes - 5 - Nays - 0. Resolution No. 2001-190 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 2 Control Division, to Apple Valley Sons of American Legion Squadron 1776, for an event on November 11, 2001, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2001-191 MOTION: of Grendahl, seconded by Goodwin, adopting approving amendments to the Bylaws of the Apple Valley Firefighters Relief Association as approved by the membership on October 7, 2001; including setting benefit levels at $28.00 for 2002 and at $29.00 for 2003 for monthly pensions, and at $4,300 for 2002 and at $4,500 for 2003 for lump sum pensions. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the 2002 Joint Powers Agreement for the Dakota County Drug Task Force, as attached to the Police Chief’s memo dated October 22, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-192 MOTION: of Grendahl, seconded by Goodwin, adopting approving submitting the 2002 Community Landfill Abatement Funding Application to Dakota County for funding in the amount of $31,150.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl , seconded by Goodwin, setting a public hearing before the Planning Commission, at 7:00 p.m., on November 14, 2001; to consider an amendment to the zoning ordinance concerning regulations for erection and maintenance of fences as recommended in the Community Development Director’s memo dated October 22, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a porch addition to within 16 feet of the rear property line on Lot 5, Block 2, Cedarwick (13845 Granada Avenue), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement for Private Utility Installation for Cobblestone Lake Phase One with Cobblestone Lake Development, LLC, and Nordic Square, LP, as attached to the Community Development Director’s memo dated October 22, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuanc e of a Natural Resources Management Permit for Cobblestone Lake Phase One as recommended in the City Engineer’s memo dated October 22, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-193 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on November 20, 2001, to consider vacating part of a drainage and utility easement, an unnamed tributary of the Vermilion River, in CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 3 connection with the Hillcrest Acres/Home Depot development. Ayes - 5 - Nays - 0. MOTION: of Grendah l, seconded by Goodwin, approving issuance of a Natural Resources Management Permit for Hillcrest Acres/Home Depot development as recommended in the City Engineer’s memo dated October 19, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-194 MOTION: of Grendahl, seconded by Goodwi n, adopting awarding the contract for Project 01-160, Deep Wells No. 3 and 7 Maintenance, to Keys Well Drilling Company, the low bidder, in the amount of $71,670.00 for the base bid and Alternate No. 3. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 31 to the contract with Shaw Lundquist, Inc., for the Municipal Center construction project in the amount of an additional $16,740.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Go odwin, approving the form of a Deposit Agreement and rates, as attached to the Public Works Director’s memo dated October 25, 2001; for use in recovering consultant costs in connection with processing development-related land use applications. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Letter of Understanding with Kern, DeWenter, Viere, Ltd., as auditors for the December 31, 2001, City audit, as attached to the Finance Director’s memo dated October 22, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving renewal of firefighters’ disability insurance coverage for 2002 as recommended in the Human Resources Manager’s memo dated October 16, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the part-time Property/Records Technician position in the Police Department as listed in the Personnel Report dated October 25, 2001. Ayes - 5 - Nays - 0. MOTION: of Grend ahl, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated October 25, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WILLIAMS ENERGY SERVICES COMMENDATION CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 4 Recycling Coordinator Nelda Werkmeister reviewed her memo dated October 22, 2001, describing community clean up day activities and the assistance provided by Williams Energy Services employees. She introduced Curt Proud and Tony Downie who have personally volunteered to work at the site every year since 1998. Mayor Hamann-Roland presented a certificate of commendation to Mr. Downie and Mr. Proud who accepted on behalf of Williams Energy Services. She also thanked all of the other City employees who worked at the event on October 6th, 2001. 2002 BUDGET & PROPERTY TAX LEVY Mr. Ballenger summarized the process followed in preparing the proposed 2002 City budget and tax levy. Due to changes in state law, a public hearing is not required this year; however, the Council opted to conduct a hearing. Parcel specific notices will not be mailed by Dakota County until late November and will compare the total actual 2001 property tax and proposed 2002 property tax. The notice will include line item amounts for proposed County, City, School District, and other taxing districts; but will not show comparisons with 2001 actual taxes. No hearing date information will be on the notices. The proposed budget shows expenditures of $35,154,248 compared with 2001 expenditures of $32,521,612. Proposed revenue is $35,543,014 compared with 2001 revenue of $33,921,408. For 2002, the City’s total allowable tax levy is $16,262,775, but the proposed levy was set at $15,640,104 or $622,671 below the limit. The General Fund is increasing about 5.7% and the increase in all funds is 8.1%. Mr. Ballenger reviewed examples of estimated taxes on various valued homes in the City. The effect of changes in state law, shifting education funding, is that tax payers will see a reduction in total taxes even though the City’s portion of the tax bill will increase. The new state system also institutes a market value homestead credit on homes valued up to $414,000. Mr. Lawell described the City’s five-year capital improvement planning process for major items. He reviewed some of the projects included and noted it totals in excess of $22,000,000. Of that total, approximately $10,200,000 would fall into the General Fund classification. Three items listed, road escrow funds, arena funds, and EDA-Wispark property; are internal fund adjustments that need to be made. Councilmember Grendahl noted that many of the capital projects listed could go to the voters and be funded by referendum. Mayor Hamann-Roland called the public hearing to order, at 8:28 p.m., and asked for questions or comments from the public. Wilton Anderson, 5441 West 134th Street, commended the City for the work it does and for having a long term plan. Because no proposed tax statements were distributed, he said he did not prepare comments. However, with market value increases and the City’s loss of state aids, it is difficult to believe taxes will go down. He said he hopes the information presented is correct. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 5 Gerrie Boice, 14443 Glenda Drive, asked which capital projects would be recommended to go to the voters and how would that affect the budget? She also asked if the Council would be agreeable to holding the hearing open until tax payers receive notices of proposed taxes? The Mayor said the budget will not be adopted until December 13th and citizens can always make comments or ask questions whether or not the hearing is open. Mr. Lawell said the County is not sure when statements will be mailed. They are intended to be mailed in late November, but the State permits mailing as late as December 15th. The City must certify the tax levy by December 21st. Councilmember Grendahl said she raised concern about surpluses in City funds and believes there is fat in the budget. Information from the State Auditor indicates a reserve or surplus should be no more than 40 to 60 percent of the budget. Long term projects should be paid for with long term capital so the people who have the benefit of those projects are paying for them. Examples of projects that should go to the voters are the new golf course clubhouse and cemetery expansion. Councilmember Goodwin suggested that Cobblestone Park enhancements could also be placed on a referendum. The original cemetery purchase was approved by the voters. The problem with expanding it is that space may not be needed for more than 75 years, but availability of land is limited. He expressed concern that internal financial adjustments be made to reflect accurate balances and make sure the City maintains its current bond rating. Councilmember Erickson said the capital improvement items listed will not impact the 2002 budget. They are not included in the budget or tax levy, but are projected for the future. The City should maintain some type of even tax rate. If the City has funds to pay for some capital projects without issuing bonds, it should do so and not incur interest charges. Walter Pickup, 5170 Upper 141st Street, said he is a volunteer firefighter and proud of the services they provide and receiving an ISO 3 fire rating. The demands on firefighters and number of calls have increased. He asked the Council to place a priority on filling the vacant Fire Inspector position. He also asked the Council to provide funding for a full-time Fire Chief position. The department would like to see a hiring process for the Chief similar to that used in recruitment of the City Administrator and Police Chief. Will Wilson, 6624 - 134th Court, said he is Deputy Fire Chief and was the maker of the last two department resolutions supporting a full-time Chief. At their last meeting, a statement was added recognizing that the Council hires and removes department heads. The department would like input into the process similar to how the Police Department was involved in the Police Chief hiring. With the growth and responsibility of the Fire Department, it is time for a full-time Chief. Councilmember Goodwin said he would like to have information on how much an ISO rating of 3 saves homeowners in fire insurance premiums for property. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 6 Stew Shepard, 4861 West 144th Street, a volunteer firefighter, said in addition to funding for the two positions requested, renovation of Fire Stations No. 2 and 3 should be pursued. Both buildings are in need of repair. He cited information on the cities of Savage, Willmar, and Oakdale that have smaller populations than Apple Valley and have full-time Fire Chiefs with volunteer departments. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 9:40 p.m. Adoption of the tax levy and budget will be considered by the Council at its meeting on December 13th, 2001. MOTION: of Erickson, seconded by Grendahl, to set a meeting date for further discussion of the 2002 budget and tax levy at the regular meeting of November 8, 2001. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, authorizing Staff to proceed with recruitment to fill the current vacant Fire Inspector position. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Hamann-Roland, directing Staff to report on a propos ed process for filling a full-time Fire Chief position at the November 8, 2001, Council meeting. Ayes - 5 - Nays - 0. 2001 SPECIAL ASSESSMENT ROLLS 494-498 Mayor Hamann-Roland called the public hearing to order, at 10:03 p.m., on Special Assessment Rolls No. 494 through 498 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 22, 2001, describing the assessment rolls, totaling $353,806.00, for improvement projects. Assessment Roll 494, for Palomino Cliffs, is being deleted and the cost of $6,360.00 is being paid directly by the developer. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 10:04 p.m. Resolution No. 2001-195 MOTION: of Erickson, seconded by Sterling, adopting approving and levying 2001 Special Assessment Rolls No. 495 through 498, in the total amount of $353,806.00. Ayes - 5 - Nays - 0. 2001 SPECIAL ASSESSMENT ROLL 500 Mayor Hamann-Roland called the public hearing to order, at 10:05 p.m., on Special Assessment Roll No. 500 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 22, 2001, describing the assessment roll, totaling $44,293.74, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 10:06 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 7 Resolution No. 2001-196 MOTION: of Sterling, seconded by Erickson, adopting approving and levying 2001 Special Assessment Roll No. 500, in the total amount of $44,293.74. Ayes - 5 - Nays - 0. MAJESTIC RIDGE SUBDIVISION Mr. Kelley reviewed a revised layout for the proposed Majestic Ridge subdivision, located southeast of 138th Street and Cedar Avenue. The developer has revised the plat to contain six residential lots on a public street terminated with a cul de sac. Three lots are north of an existing house and two lots are south of it. All the lots now exceed 11,000 square feet. Councilmember Sterling asked if rezoning to residential cluster was still appropriate because lot sizes has been increased? Mr. Kelley said all the homes are shown set back 20 feet from the front property lines to reduce impact on property to the east and the street width is reduced. It is generally preferable allow this by zoning rather than by granting variances. Ordinance No. 701 MOTION: of Erickson, seconded by Grendahl, p assing rezoning property in the South Half of the Southwest Quarter of Section 22, proposed Majestic Ridge subdivision, from R-3 to R-CL (Residential Cluster) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-197 MOTION: of Er ickson, seconded by Sterling, adopting approving the preliminary plat of Majestic Ridge subdivision, containing six lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-198 MOTION: of Sterling, seconde d by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 01-156, Majestic Ridge Utility and Street Improvements. Ayes - 5 - Nays - 0. COMMUNICATION ON EDUCATION FUNDING Mayor Hamann-Roland said, at the meeting of September 25, 2001, Denise Louis brought a model resolution to the Council in support of education funding and asked the Council to consider it. No action has been taken on this request. Ms. Louis was present and commented on the benefit to communities of having a strong school system. Councilmember Grendahl said she is in support of schools, but was elected to the City Council. The Council should not be involved in or take a position on school finances. Councilmember Sterling concurred and said the Council should not take a position. Councilmember Goodwin said he understands not taking an official Council position on the school levy set for November 6th, but it is an important issue in the community. He commented on impacts that actions by one unit of government have on another, such as, increasing a need for CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 8 sidewalks when school busing is reduced. He compared per pupil spending in the State with District 196’s spending and said he will support the levy referendum. The Mayor commented on cuts the School District has already made and additional cuts that will be made if the levy fails. She said she will support the levy referendum. Councilmember Erickson also said he will support the levy referendum. COMMUNICATIONS & CALENDAR Councilmember Erickson asked the City Attorney to review the status of Tri-State Machinery’s operations south of the Central Maintenance Facility and west of Johnny Cake Ridge Park. He asked whether it could be required to at least provide landscaping or screening. Mr. Dougherty said he would review what kind of compliance with zoning regulations should be pursued. The Council received a memo dated October 22, 2001, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erick son, seconded by Sterling, to pay the claims and bills, check registers dated October 11, 2001, in the amount of $7,323,292.27; October 18, 2001, in the amount of $12,801,186.36; and October 24, 2001, in the amount of $920,100.92. Ayes - 5 - Nays - 0. CLOSE MEETING ARBITRATION & LABOR NEGOTIATIONS Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss AFSCME maintenance workers labor negotiation issues. He also asked to discuss the status of Safe and Sober Arbitration, involving the LELS Police Officers union, with the Council. MOTION: of Erickson, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss LELS Safe and Sober Arbitration and AFSCME labor negotiations. Ayes - 5 - Nays - 0. The meeting was closed at 10:50 p.m. and the Council convened in the Regent Conference Room, at 10:58 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, Police Captain Anglin, Police Captain Lohse, Police Chief Johnson, and Human Resources Manager Strauss. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Following discussion of LELS Safe and Sober Arbitration issues, the Police Captains and Chief left. The AFSCME labor negotiations portion of the meeting was tape recorded beginning at 11:14 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 25, 2001 Page 9 and ending at 11:30 p.m. Public Works Director Heuer and Parks and Recreation Director Johnson were also present during this time. The Council reconvened in open session at 11:30 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:31 o’clock p.m.