HomeMy WebLinkAbout01/08/2004CITY OF APPLE VALLEY
Dakota County, Minnesota
January 8 , 2004
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held January 8 th, 2004 , at 8:00 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 Gordon, Finance Director Ballenger, Assistant Plan ner Bodmer,
Assistant Planner Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer,
Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director
Kelley, Police Captain Lohse, and Human Resources Manager St rauss.
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 Bergman , 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. There was no one was present to speak.
CONSENT AGENDA
MOTION: of G rendahl , seconded by Goodwin , ap proving 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 December 3 0th, 2003, as written. Ayes - 4 - Nays - 0 ( Hamann - Roland
Abstained).
Resolution No. 200 4 - 1
MOTION: of G rendahl , seconded by Goodwin , adopting accepting,
with thanks, the donation of $3,000.00 from Apple Valley American Legion, Post
1776, for use by the Parks and Recreation Department toward sponsorship of the
Senior Citizens Holiday Party . Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 8 2004
Page 2
Resolution No. 200 4 - 2
MOTION: of Grendahl , seconded by Goodwin , adopting accepting,
with thanks, the donation of cash and prizes from various businesses and
organizations for the Mid - Winter Fest Celebration . Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 3
MOTION: of Grendahl , seconded by Goodwin , adopting a pproving
renewal of the two - year Minnesota Lawful Gambling Premises Permit for Apple
Valley American Legion Post 1776, at 14521 Granada Drive, an d waiving any
waiving period for State approval . Ayes - 5 - Nays - 0.
Resolutions No. 200 4 - 4, 200 4 - 5,
MOTION: of Grendahl , seconded by Goodwin , adopting
200 4 - 6, 200 4 - 7, 200 4 - 8
and approving issuance of lawful gambling exempt
permits, by the State Gambling Control Board, to Apple Valley Sons of American
Legion, Squadron 1776, for use on February 14 , April 1 0 , July 4, October 9 , and
November 11, 200 4 ; respectively, and waiving any waiting period for State
approval. Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 9
MOTION: of Grendahl , seconded by Goodwin , adopting designating
Apple Valley Thisweek as the official newspaper of the City for the year 200 4 .
Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 10
MOTION: of Grendahl , seconded by Goodwin , adopting designating
An chor Bank of Apple Valley as the official depository for City funds for the year
200 4 and accepting its deposit collateral. Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 11
MOTION: of G rendahl , seconded by Goodwin , adopting designating
as additional depositor ies for City funds for the year 200 4 : US Bancorp of
Minneapolis; Wells Fargo Bank; Northland Securities, Inc.; Dain Bosworth;
Edward D. Jones & Co.; Harvestons Securities, Inc.; Anchor Bank; Robert W.
Baird & Co ., Inc .; Finacorp Securities; and MorganStan ley. Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 12
MOTION: of G rendahl , seconded by Goodwin , adopting appointing
Northland Securities, Inc., as the City’s bond consultant for the year 200 4 . Ayes -
5 - Nays - 0.
Resolution No. 200 4 - 13
MOTION: of G rendahl , seconded by Goodwin , a dopting approving
the fiscal year 2004 Community Development Block Grant (CDBG) Application to
Dakota County for funding the manufactured home down payment/replacement
program, in the amount of $161,338.00 . Ayes - 5 - Nays - 0.
MOT ION: of Grendahl, seconded by Goodwin, approving revised City Engineer’s fees for
2004 engineering services as attached to the Public Works Director’s memo dated
January 8, 2004. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 8 2004
Page 3
MOTION: of Grendahl, seconded by Goodwin, approving a three - year Municipal Delegation
Agreement with the Minnesota Department of Administration for Building Code
Administration on public buildings and state - licensed facilities, as attached to the
Building Official’s memo dated January 8, 2004, and authorizing the City
Administrator to sign the same. Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 14
MOTION: of G rendahl , seconded by Goodwin , adopting receiving
the preliminary engineering report for Project 03 - 228, Wensmann 13th Addition
(Mid - Town Village) Utility an d Street Improvements, and setting a public hearing
on it, at 8:00 p.m., on February 12, 2004. Ayes - 5 - Nays - 0.
Resolution No. 2004 - 15
MOTION: of Grendahl, seconded by Goodwin, adopting directing
the City Engineer to prepare plans and specifications for Project 03 - 228,
Wensmann 13th Addition (Mid - Town Village) Utility and Street Improvements.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, accepting Project 01 - 156, Majestic Oaks
Utility and Street Improvements, as final and authorizin g final payment on the
contract with Northwest Asphalt, Inc., in the amount of $12,198.77. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving reduction of the financial guarantee
for The Timbers from $33,625.00 to $23,625.00. Ayes - 5 - Nays - 0.
Resolution No. 2004 - 16
MOTION: of Grendahl, seconded by Goodwin, adopting approving
specifications for 2004 Mowing and Trimming Maintenance Services on Various
Properties and authorizing advertising for receipt of bids, at 2:00 p.m., on
Fe bruary 4, 2004. Ayes - 5 - Nays - 0.
Resolution No. 2004 - 17
MOTION: of Grendahl, seconded by Goodwin, adopting awarding
the contract for 2004 through 2006 Water Management Program Services at
Outdoor Municipal Pools to Hawkins, Inc., d/b/a Hawkins Water Treatment
Group - Minneapolis , based on its proposal received December 23, 2003 . Ayes - 5
- Nays - 0.
MOTION: of G rendahl , seconded by Goodwin , approving a Contract with Dakota County for
use of Sentenced to Service Program Work Crews for 200 4 , as attached to the
Park Maintenance Superintendent’s memo dated January 8 , 200 4 , and authorizing
the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
CEDAR AVENUE CORRIDOR TRANSITWAY STUDY
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 8 2004
Page 4
Gene Franchett, Dakota County Transportation P lanner, and Rick Nau, URS Project Consultant,
presented a report regarding the Cedar Avenue Corridor Transitway Study. The study concluded
that Bus Rapid Transit (BRT) is the favored alternative for transit extending from the Mall of
America through Apple Valley to approximately County Road 70/185th Street in Lakeville. This
final phase of the study is looking at alternatives f o r implement ation.
The recommendation is for a combination of express bus service and feeder service to transit
hubs . Buses woul d use the outside lanes of Cedar Avenue between the Mall of America and
Highway 13. Between Highway 13 and 138th Street , they are considering using lanes in the
center median. Between 138th Street and Dodd Road, Ce d ar Avenue would need to be widened
and outside shoulders us e d. Outside shoulders would continue to be used to the south.
County Commissioner Branning, who is also Chair of Dakota County Regional Rail Authority,
was present and invited everyone to attend a public open house on the study, at th e Western
Service Center, on February 12, 2004, from 4:30 to 7:30 p.m. The intent is to make a final
recommendation by March 1, 2004 . P ublic involvement in the process is being solicited and a
newsletter and news releases providing information are being distributed .
Councilmember Erickson said he supports transit, but will continue to state the need for widening
Cedar Avenue to six lanes all the way to County Road 30 . This expansion needs to be included in
future transportation planning.
Commissioner B ranning thanked the Council for its input. A request for $20,000,000 of bonding
authority is being made to the Legislature to fund design and implementation and they will be
requesting support from the cities for the bonding bill. Mr. Franchett encourage d anyone with
questions or comments to contact him or attend the public meeting February 12 th.
DAKOTA COUNTY 2025 TRANSPORTATION PLAN
M r . Kelley reviewed his memo dated January 5, 2004, concerning Dakota County’s update of it s
2020 Transportation Plan i nto the 2025 Transportation Plan. The Plan identifies current capacity
of the system; estimates future demand based on projected growth, and arrives at system
deficiencies which then need to be addressed in a variety of ways. It then establishes policies th at
will affect the system’s operation and improvement. He prepared a resolution outlining the City’s
comments on the Plan, in 16 points, that need to be submitted by January 16, 2004.
Resolution No. 2004 - 18
MOTION: of Erickson, seconded by Grendahl, adopting officially
submitting the City’s comments on the draft Dakota County 2025 Transportation
Plan as further detailed in the 16 points contained in the resolution. Ayes - 5 -
Nays - 0.
BLUNDETTO AUD CONDITIONAL USE PERMIT & VARIANCE
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 8 2004
Page 5
M s. Dykes review ed the Planning Commission recommendation on the application of Frank
Blundetto for a building height variance and Conditional Use Permit for an Accessory Unit Dwelling
(AUD) at 12969 Diamond Path. She reviewed the criteria for an AUD, one condition of wh ich is that
it must be serviced by municipal sewer and water. A public hearing on installation of these
improvements is scheduled for January 22, 2004.
The proposed AUD is larger than 40% of the footprint of the primary residence, at approximately
46%, b ut it will be 34% of the total living area. The ordinance allows an increased size beyond the
40% provided the expanded residence is in keeping with the surrounding neighborhood which this
proposal meets due to the three - acre lot. A variance to the build ing height maximum was also
recommended due to the topography a nd minimiz ing grading on the site .
MOTION: of Goodwin, seconded by Bergman , granting a height variance to allow
reconstruction of a house at 12969 Diamond Path , with a building height of 46 fe et
on the south side, instead of 35 feet, due to topography as reco mmended by the
Planning Commission. Ayes - 5 - Nays - 0.
Resolution No. 200 4 - 19
MOTION: of Erickson, seconded by Grendahl, adopting approving
issuance of a Conditional Use Permit for an 1 ,100 square - foot Accessory Unit
Dwelling at 12969 Diamond Path, subject to the property being serviced by
municipal sanitary sewer and water and other conditions as recommended by the
Planning Commission. Ayes - 5 - Nays - 0.
2004 ACTING MAYOR
Resolution No. 2004 - 20
MOTION: o f Goodwin, seconded by Grendahl, adopting appointing
Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor,
for the year 2004. Ayes - 4 - Nays - 0 (Erickson Abstained).
SET INFORMAL MEETING
On December 30, 2 003, the Council tabled consideration of the proposed Dahle Oaks subdivision
to a llow the developer to meet with the neighborhood to discuss the proposal. Mr. Lawell
advised the Council that if they desire to attend the meeting, scheduled for January 13, 2004, at
7:00 p.m., it should be set as an informal meeting. Councilmember Goodwin asked that neighbors
also be given the opportunity to submit written comments on the proposal.
MOTION: of Goodwin, seconded by Erickson, setting an informal meeting, at 7: 00 p.m., on
January 13, 2004, at the Municipal Center, for the purpose of receiving
information on the proposed Dahle Oaks subdivision at 12810 Galaxie Avenue .
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 8 2004
Page 6
COMMUNICATIONS & CALENDAR
The Council received a memo dated January 5 , 2 00 4 , with a calendar listing upcoming events.
CLAIMS AND BILLS
MOTION: of Grendahl , seconded by Bergman , to pay the claims and bills, check registers
dated December 31 , 200 3 , in the amount of $ 13 , 665,995.47 ; and January 8 , 200 4 ,
in the amount of $ 1,457,3 23.18 . Ayes - 5 - Nays - 0.
MOTION: of Grendahl , seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8 : 35 o’clock p.m.