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HomeMy WebLinkAbout11/08/2001CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 8th, 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, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, 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 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. There was no one present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the cons ent 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 October 25th, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001-199 MOTION: of Grendahl, seconded by S terling, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Southview Elementary PTO, for an event on May 17, 2002, at 1025 Whitney Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Page 2 Resolution No. 2001-200 MOTION: of Grendahl, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on November 20, 2001, on the application of Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley, for a new license for on- sale and Sunday sales of intoxicating liquor at 15560 Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a 2001 Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Christmas Tree Farm, in East Valley Plaza, as described in the City Clerk’s memo dated November 15, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the updated Snow and Ice Control Policy and Procedures as attached to the Public Works Director’s memo dated November 8, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the First Amendment to the Dakota County GIS City Support Committee Contract for continuation of services until terminated, as attached to the Community Development Director’s memo dated October 24, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing installation of a fence in the scenic easement area along the east side of Galaxie Avenue, north of 145th Street, by Cedar Isle Countryhomes, as recommended in the City Planner’s memo dated November 5, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision financial guarantees for: Regatta 2nd, from $195,119.00 to $3,188.00; Fischer Market Place, from $2,321,280.00 to $1,894,377.00; and Diamond Path Townhomes II, from $2,830.00 to 0. Ayes - 5 - Nays - 0. Resolution No. 2001-201 MOTION: of Grendahl, seconded by Sterl ing, adopting receiving the preliminary engineering report for Project 00-141, Hillcrest Acres/Home Depot Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on December 13, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001-202 MOTION: of Grendahl, seconded by Sterling, adopting approving an amendment to the Land Use Map of the Comprehensive Plan, changing the designation from “MD” to “LD”, for Seasons on the Park as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Page 3 Ordinance No. 702 MOTION: of Grendahl, seconded by Sterling, passing rezoning Seasons on the Park subdivision from “M-6A” to “R-3” (single family residential) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001-203 MOTION: of Grendahl, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Seasons on the Park and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001-204 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Projects 99-106, Seasons on the Park Utility and Street Improvements, and 00-144, East Valley Plaza 3rd Addition Sidewalk, as a combined project, to Friedges Contracting, Inc., the low bidder, in the amount of $443,145.78, and holding action on Project 99-117, Shackelford Addition Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 3 to the contract with Meisinger Construction Company for ALF Ambulance Office Expansion at Fire Station No. 1 in the amount of an additional $852.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Southridge Construction Company for Liquor Store No. 1 Entrance Remodeling in the amount of an additional $784.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Orders No. 1 and 2 to the contract with Southridge Construction Company for Valley Middle Park Shelter Building Renovation in the total amount of an additional $4,823.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, appointing Charles Grawe, Assistant to the City Administrator, as the administrative representative to the Traffic Safety Advisory Committee, replacing Andy Pederson, as recommended in the City Administrator’s memo dated November 5, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Jessica Spier for the full-time position of Community Service Officer as listed in the Personnel Report dated November 8, 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated November 8, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Page 4 DEFIBRILLATOR DONATION Marv Iverson and Jerry Hill, President, of the Apple Valley Seniors, presented a portable Survivalink defibrillator to the City for use at the Hayes Park facilities. They commented on the importance of availability of such a unit in aiding heart attack victims. Mr. Hill said their organization raised funds to purchase the unit and hopes this will be an incentive for all businesses in the City to acquire such units. Police Chief Johnson endorsed the use of defibrillators and noted they are in all of the squad cars as well as at each fire station. Susan Muelken, Coordinator for the Senior Center, accepted the defibrillator on behalf of the City. Resolution No. 2001-205 MOTION: of Erickson, seconded by Sterling, adopting accepting, with thanks, the donation of a Survivalink defibrillator, valued at $2,500.00, from the Apple Valley Seniors for use at Hayes Park facilities. Ayes - 5 - Nays - 0. PROJECT 99-119, COBBLESTONE LAKE IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:10 p.m., to consider Project 99- 119, Cobblestone Lake Phase One Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 3, 2001; noting the developer will be installing the project under private contract. Credit against trunk assessments will be given for the cost of constructing the lake. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:15 p.m. Resolution No. 2001-206 MOTION: of Erickson, seconded by Grendahl, adopting ordering installation of Project 99-119, Cobblestone Lake Phase One Utility and Street Improvements. Ayes - 5 - Nays - 0. COBBLESTONE LAKE AGREEMENTS Mr. Lovelace reviewed his memo, dated November 5, 2001; describing actions required to implement the overall Cobblestone Lake planned development. Eight zones are identified within the planned development that correspond to the concept plan. Area requirements and performance standards are detailed for zones 1 and 7. As the 323-acre site develops, requirements and performance standards will be detailed for zones 2 through 6. Zone 8 allows interim sand and gravel uses over these zones. The final plat and subdivision agreement have been prepared for the first phase consisting of approximately 70 acres at the northwest corner of 160th Street and Diamond Path. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Page 5 Robert Wachholz, of Tradition Development, reiterated their goals of developing the property as a mixed-use community with a park system surrounding the lake. The development will include a mixture of residential and commercial uses. Resolution No. 2001-207 MOTION: of Erickson, seconded by Goodwin, adopting approving an amendment to the Land Use Map of the Comprehensive Plan, changing designations for Cobblestone Lake to “MD”, “P”, and “C” as recommended by the Planning Commission and approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 703 MOTION: of Goodwin, seconded by Grendahl, passing rezoning Cobblestone Lake, in the South Half of Section 36, from “SG” to “PD” (planned development) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Planned Development Agreement for Cobblestone Lake, as attached to the City Planner’s memo dated November 5, 2001, and authorizing the Mayor and City Clerk to sign the same subject to modifications and completion of exhibits acceptable to the City Attorney and City Administrator. Ayes - 5 - Nays - 0. Mr. Kelley reviewed his memo dated November 5, 2001, concerning the park dedication and improvement agreement for Cobblestone Lake. As each area develops and is platted, the City will determine what improvements will be included on the adjacent park. As this occurs, the parkland will be transferred to the City in phases. Councilmember Goodwin commented on the precedent being set by the developer of Cobblestone Lake not only coming forward and dedicating additional parkland, but committing $900,000.00 for improvements. Tip Enebak, the developer, was present and spoke to timing of the development. As each plat comes in, they will build that portion of the adjacent park to its ultimate design. Prior to that, decisions will have to be made on the park improvements. They will share the cost, but do not want to come back and construct the improvements later. For that reason, it will be important to proceed with plans for the park construction. Mr. Lawell noted that funds for the City’s share of the baseline park improvements will come from the park dedication fund, as indicated in the Park and Recreation Director’s memo. Ideas for raising funds for capital development beyond that have been looked at, but no determination has been made. MOTION: of Erickson, seconded by Goodwin, approving the Cobblestone Lake Park Agreement, as attached to the Community Development Director’s memo dated November 5, 2001, and authorizing the Mayor and City Clerk to sign the same CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Page 6 subject to modifications and completion of exhibits acceptable to the City Attorney and City Administrator. Ayes - 5 - Nays - 0. Resolution No. 2001-208 MOTION: of Goodwin, sec onded by Sterling, adopting approving the final plat and Subdivision Agreement for Cobblestone Lake and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authoriz ing issuance of building permits for eight model homes in Cobblestone Lake, on Lots 1 through 4, Block 4, and Lots 1, 2, 12, and 13, Block 6, of the preliminary plat; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BUDGET REVIEW MEETING MOTION: of Erickson, seconded by Sterling, setting an informal meeting, at 7:00 p.m., on November 26, 2001, for further review of the proposed 2002 budget and tax levy. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 5, 2001, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated October 31, 2001, in the amount of $9,262,362.95; and November 7, 2001, in the amount of $635,534.93. Ayes - 5 - Nays - 0. MUNICIPAL CENTER DEDICATION Mr. Lawell said a ribbon cutting and dedication ceremony for the new Municipal Center building has tentatively been scheduled for November 20th, along with the annual holiday tree lighting ceremony. He asked whether the suggested time of 5:30 to 7:30 p.m. is acceptable. The Council discussed holding a separate open house for the facility at a later date on a Saturday. Saturdays in January, February, or spring were discussed. MOTION: of Er ickson, seconded by Grendahl, setting the Municipal Center ribbon cutting and dedication ceremony for November 20, 2001, from 5:30 to 7:30 p.m. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT MATTER CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 2001 Page 7 Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 471.705, to discuss the status of Palomino East Apartment/Watrud litigation. MOTION: of Erickson, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss Palomino East Apartment/Watrud litigation with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 9:11 p.m. and the Council convened in the Regent Conference Room, at 9:20 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, and Community Development Director Kelley. 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. The Council reconvened in open session at 9:27 p.m. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:28 o’clock p.m.