Loading...
HomeMy WebLinkAbout02/10/2000CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 10th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-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 Planner Bodmer, Police Chief Erickson, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, Assistant Planner Milton, and Intern Pederson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, ap proving 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 was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of January 13th, 2000, as written. Ayes - 5 - Nays - 0. Resolution No. 2000-23 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,000.00 from Apple Valley American Legion Post 1776 toward sponsorship of Mid Winter Fest activities. Ayes - 5 - Nays - 0. Resolution No. 2000-24 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $176.19 from Youth Connection Council/Independent CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 2 School District No. 196 toward programs and equipment for the Apple Valley Teen Center. Ayes - 5 - Nays - 0. Resolution No. 2000-25 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for events on March 11th and 18th, 2000, and waiving any waiting period for the permits to become effective, as listed in the City Clerk’s memo dated February 7, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-26 MOTION: of Sterling, seconded by Grendahl , adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8, Voiture 1457, for an event on March 17th, 2000, and waiving any waiting period for the permit to become effective, as listed in the City Clerk’s memo dated February 7, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-27 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Spirit of Life Presbyterian Church, for an event on July 4th, 2000, and waiving any waiting period for the permit to become effective, as listed in the City Clerk’s memo dated February 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of various renewal business licenses and permits for 2000 as attached to the City Clerk’s memo dated February 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the 1999 annual report of the Cemetery Advisory Committee dated February 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Eldon Hugelen for cemetery landscape consultant services, as attached to the Administrative Intern’s memo dated February 7, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Amendment No. 1 to the Cooperation Agreement for Senior Housing Rental Units with the Dakota County Community Development Agency, increasing the number to 110 units, as attached to the Assistant Planner’s memo dated February 3, 2000, and authorizing execution of the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Second Amen dment to the Purchase Agreement with Fraser Community Services for Lot 2, Block 1, Apple Valley Armory, extending the dates by four months, as attached to the Community CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 3 Development Director’s memo dated January 24, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving payment of the second half of 1999 property taxes to the Minnesota Valley Transit Authority, in the amount of $583,632.00, as described in the Finance Director’s memo dated January 31, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-28 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Eastwood Ridge and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a Natural Resources Management Permit for Timber Ridge Townhomes (Outlot A, Hallwood Highlands) as recommended in the Assistant Planner’s memo dated February 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-29 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 99-124, Timber Ridge Townhomes (Outlot A, Hallwood Highlands) Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on March 9, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-30 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 99-124, Timber Ridge Townhomes (Outlot A, Hallwood Highlands) Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-31 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 00-127, Storm Sewer Pond EVR-P44 Construction, and setting a public hearing on it, at 8:00 p.m., on March 9, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-32 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 00-127, Storm Sewer Pond EVR-P44 Construction. Ayes - 5 - Nays - 0. Resolution No. 2000-33 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 99-123, 2000 Street Maintenance Program, and authorizing for receipt of bids, at 2:00 p.m., on March 9, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-34 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for a Garbage Truck Cab and Chassis for Park Maintenance and CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 4 authorizing advertising for receipt of bids, at 2:00 p.m., on February 29, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of the subdivision financial guarantee for The Summit, from $75,894.00 to $45,848.00. Ayes - 5 - Nays - 0. Resolution No. 2000-35 MOTION: of Sterling, seco nded by Grendahl, adopting awarding the contract for a six-year lease of 12 mowers to Polfus Implement, Inc., the low bidder, in the total amount of $222,372.00. Ayes - 5 - Nays - 0. Resolution No. 2000-36 MOTION: of Sterling, seconded by Grendahl, adopt ing awarding the contract for 2000 Mowing and Trimming Maintenance Services on various City properties to Loucks Lawn & Snow Service, the only bidder, in the amount of $34,618.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Ballfield Bleachers with Flanagan Sales, Inc., in the amount of $16,819.74, as attached to the Park Maintenance Superintendent’s memo dated February 10, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an adjustment for 2000 in the City Attorney’s hourly rate for special services, from $101.00 to $103.00 per hour, and for paralegal services, from $53.00 to $55.00 per hour, as described in the City Clerk’s memo dated February 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing distribution of promotional items for senior class parties at Apple Valley, Eastview, and Rosemount High Schools and the School of Environmental Studies, as described in the Parks & Recreation Director’s memo dated February 4, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving continuation of the reward for service program for volunteer City Commissions and Committees for 2000, as described in the Parks & Recreation Director’s memo dated February 4, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Contract with Dakota County for Sentence to Service Program Work Crews for 2000, as attached to the Park Maintenance Superintendent’s memo dated February 10, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Andrew Pederson for t he position of Administrative Assistant to the City Administrator as listed in the Personnel Report dated February 10, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 5 MOTION: of Sterling, seconded by Grendahl, approving promotion of Jeffrey Benjamin to the position of Working Foreman - Parks as listed in the Personnel Report dated February 10, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated February 10, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MID-WINTER FEST 2000 Recreation Specialist Zinck and Ron and Laura Ochs, of the Mid-Winter Fest Committee, were present. Mr. Ochs reviewed activities planned for this year’s celebration at Hayes Park and at Valleywood. Buttons are required for admission to the events on February 12 and 13, 2000, and are for sale at various locations for $1.00. Mr. Johnson said a teen dance has been added to the schedule, on February 12, 2000, at Apple Valley Community Center. Resolution No. 2000-37 MOTION: of Sterling, seconded by Grendahl, adopting proclaiming February 12-13, 2000, as “Apple Valley Mid-Winter Fest 2000” and encouraging citizens to support and participate in the celebration; and authorizing the use of a snowmobile in Hayes Park as described in the Recreation Specialist’s memo dated January 27, 2000. Ayes - 5 - Nays - 0. BUSINESS SUBSIDIES POLICY Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., to consider a policy on providing subsidies for business enterprises and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed his memo, dated February 7, 2000, detailing the proposed policy. The new Business Subsidies Act, effective August 1, 1999, defines and prescribes a procedure for granting subsidies and requires adoption of a policy for considering such requests. He noted the policy is discretionary on the part of the City and prior to granting any subsidy of more than $100,000 another hearing is required. The Economic Development Authority also held a hearing on the policy, and approved it, at its meeting earlier today. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:11 p.m. MOTION: of Erickson, seconded by Goodwin, approving the Business Subsidy Policy, required by M.S. 116J.993 through 116J.995, establishing criteria for evaluating projects to receive a subsidy as attached to the Community Development Director’s memo dated February 7, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 6 PRAIRIE CROSSING COMMERCIAL ADDITION Ms. Bodmer reviewed the Planning Commission recommendation on Prairie Crossing Commercial Addition proposed for the southwest corner of County Road 42 and Diamond Path. The original development included a 4.4-acre neighborhood center site. The intersection of Dodd Boulevard with Diamond Path was reconstructed and moved farther south. The developer purchased additional property east of the former Dodd Boulevard and is requesting to incorporate it into the neighborhood center site. The City does not need the former Dodd Boulevard right-of-way, but three utility companies have utilities installed that will need to be relocated. DODD BOULEVARD VACATION HEARING Mayor Hamann-Roland called the public hearing to order, at 8:17 p.m., to consider vacating part of Dodd Boulevard at its former intersection with Diamond Path and easements on existing lots, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed her memo dated February 3, 2000, describing the street vacation and easement vacations on Lots 75 and 76, Block 5, Tousignant’s Prairie Crossing; and Outlot A, Apple Valley East 6th Addition. The lots will be reconfigured in a new plat and new easements provided. She asked that no action be taken on completing the vacation until utility relocations have been determined. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:18 p.m. Resolution No. 2000-38 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing submitting to the Metropolitan Council an amendment to the Comprehensive Plan, from “LD” (low density residential) to “NS” (neighborhood service), expanding the Prairie Crossing Commercial Addition site to approximately seven acres, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, directing preparation of an ordinance amending Planned Development Designation No. 629, Zone 4, Tousignant’s Prairie Crossing, to allow banks as a permitted use, drive-thru tellers as a conditional use, and limit the number of pumps at a gas station to 12; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-39 MOTION: of Sterling, seconded by Erickson, adopting approving the three-lot preliminary plat of Prairie Crossing Commercial Addition, subject to completion of vacation of part of Dodd Boulevard and relocating utility easements, with other conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY HALL BUILDING PROJECT CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 7 Wayne Hilbert, of Cording-Natwick-Hilbert Architects, Inc., was present and commented on design work for the new City Hall building. It will be a two-story, 50,000 square-foot, addition to the existing Police Facility at the southwest corner of 147th Street and Galaxie Avenue. The Council reviewed the plans at its informal meeting prior to this meeting. The budget approved for the project was $7,200,000 and recent cost estimates show the design is within budget. A 16- month construction schedule is proposed. Resolution No. 2000-40 MOTION: of Sterling, seconded by Erickson, adopting approving plans and specifications for construction of the New City Hall Project and authorizing advertising for receipt of bids, at 2:00 p.m., on March 15, 2000. Ayes - 5 - Nays - 0. FAIRVIEW CEDAR RIDGE CLINIC BUILDING ADDITION Mr. Lovelace reviewed the Planning Commission recommendation on a building permit for construction of an 11,120 square-foot addition to the existing Fairview Cedar Ridge Clinic at 15650 Cedar Avenue. Resolution No. 2000-41 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing issuance of a building permit for an addition to Fairview Cedar Ridge Clinic, on Lot 1, Block 1, Carroll Center 3rd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. HIDDEN PONDS APARTMENT SITE Ms. Milton reviewed her memo dated February 10, 2000, describing a revised proposal for a Comprehensive Plan amendment and rezoning on Lots 1 and 2, Block 1, Hidden Ponds. Lot 1 is designated for high density residential and zoned M-7C. The property owner requested the same designation and zoning on Lot 2. Due to insufficient information on the complete proposal, the Planning Commission recommended denial. The property owner has now stated the intent to combine the two lots as one tax parcel and presented a sketch showing how a 96-unit apartment building could be placed on the site. After the lots are combined as one tax parcel, they could not be split without City approval. Resolution No. 2000-42 MOTION: of Erickson, seconded by Grendahl, adopting authorizing submitting to the Metropolitan Council an amendment to the Comprehensive Plan, from “LD” (low density residential) to “HD” (high density residential) for Lot 2, Block 1, Hidden Ponds. Ayes - 5 - Nays - 0. Resolution No. 2000-43 MOTION: of Sterling, seconded by Grendahl, adopting approving combination of Lots 1 and 2, Block 1, Hidden Ponds, as a single property tax parcel by Dakota County. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 8 ORDINANCE AMENDING CEMETERY FEES & CHARGES Mr. Pederson reviewed his memo dated February 7, 2000, describing revised cemetery fees and a new rate structure for the cemetery expansion area and gave the second reading of the amending ordinance. The Cemetery Advisory Committee met on January 18, 2000, and reviewed issues raised by the Council related to ongoing monitoring of fees and resident/non-resident lot sales. These will continue to be monitored and any changes recommended to the Council annually. Councilmember Sterling asked if there is a limit on the number of lots a person can purchase and what constitutes residency? Mr. Pederson said there is no limit at this time, but lots also cannot be resold. They can only be transferred back to the City. If a person is a resident of the City at the time of purchase, that is all that is necessary for the resident rate. Ordinance No. 666 MOTION: of Grendahl, seconded by Sterling, passing amending City Code Section 1-23 by adjusting fees and charges for Lebanon Cemetery including a new rate structure and fees for lot sales in the phase one expansion area. Ayes - 5 - Nays - 0. ECONOMIC GROWTH PARTNERSHIP COMMITTEE Mr. Lawell reviewed the memo dated February 7, 2000, describing the agreement establishing the Economic Growth Partnership Committee. It was established in 1994 and contains a sunset clause requiring reconfirmation every two years. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement with the Apple Valley Chamber of Commerce to Reconfirm the Economic Growth Partnership Committee for another two-year period, through February 10, 2002, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, reappointing Councilmembers Goodwin and Grendahl to the Economic Growth Partnership Committee for terms expiring February 10, 2003. Ayes - 5 - Nays - 0. COMMISSION & COMMITTEE APPOINTMENTS Mr. Lawell reviewed the memo dated February 7, 2000, reminding the Council that there is a vacancy on the Urban Affairs Committee and two terms on the Cemetery Committee and two terms on the Planning Commission expire March 1, 2000. Mayor Hamann-Roland asked for nominations for positions on the Cemetery Committee and the Planning Commission. Councilmember Sterling nominated David Kemp and Gary Wagner for positions on the Cemetery Committee. Councilmember Erickson nominated John Bergman and Thomas Melander for positions on the Planning Commission. There were no other nominations. CITY OF APPLE VALLEY Dakota County, Minnesota February 10, 2000 Page 9 MOTION: of Sterling, seconded by Grendahl, reappointing David Kemp and Gary Wagner to the Cemetery Advisory Committee for terms expiring March 1, 2003. Ayes - 5 - Nays - 0. Resolution No. 2000-44 MOTION: of Grendahl, seconded by Goodwin, adopting reappointing John Bergman and Thomas Melander to the Planning Commission for terms expiring March 1, 2003. Ayes - 5 - Nays - 0. The Mayor noted there is still a vacancy on the Urban Affairs Committee. Mr. Lawell said there are six individuals who have applications currently on file, however, not particularly for this committee. The Council asked that the vacancy be publicized and that applications be accepted until March 1, 2000. COMMUNICATIONS & CALENDAR The Council received a memo dated February 7, 2000, with a calendar listing upcoming events. Councilmember Sterling noted that the next ALF Board meeting is February 24, 2000. Councilmember Goodwin commented on a League of Minnesota Cities legislative meeting he attended last week. He noted that a request for an increase in P.E.R.A. funding is expected to become an issue in this session of the Legislature. Mayor Hamann-Roland congratulated Councilmember Sterling on her reappointment to the National League of Cities FAIR Steering Committee. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated January 19, 2000, in the amount of $4,851,698.04; January 26, 2000, in the amount of $1,334,703.87; February 2, 2000; and February 10, 2000, in the amount of $343,632.54. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:00 o’clock p.m.