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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.