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HomeMy WebLinkAbout03/23/2000CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 23rd, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Rola nd; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were : City Administrator Lawell, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Margarit, Administrative Assistant Pederson, ALF Ambulance Director Raun, and Fire Chief Wassmund. 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 Sterling 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. Dr. Gary Fieber, 12545 Driftwood Lane, was present to speak on behalf of the Apple Valley Foundation regarding the Spring Celebration, taking place Saturday, March 25, 2000, at the Minnesota Zoo. He stated that the goal of the Apple Valley Foundation to recognize our citizens. CONSENT AGENDA MOTION: o f Sterling, seconded by Goodwin approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of March 9th, 2000, as written. Ayes - 5 - Nays - 0. Resolution No. 2000-66 MOTION: of Sterling, seconded by Goodwin, adopting approving appointment of Joanne Murphy to Deputy City Clerk as stated in the City Clerk’s memo dated March 20, 2000. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Page 2 MOTION: of Sterl ing, seconded by Goodwin, receiving the 1999 Telecommunications Advisory Committee Annual Report as attached to the Assistant to the City Administrator’s memo dated March 21, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-67 MOTION: of Sterling, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit by the State Gambling Control Board, to Eastview Athletic Association - Traveling Baseball for an event on July 30, 2000, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of a Temporary On-Sale Liquor License, by State Liquor Control, to the Apple Valley American Legion Post 1776, for use on July 2-4, 2000, in the park area at the south end of its lot at 14521 Granada Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setback variance to allow construction of a porch addition to within 26 feet of the front lot line on the home at 8540 West 135th Street (Lot 11, Block 1, Cobblestones I) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-68 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Fraser First Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-69 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Fischer Market Place 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for : Pahl’s Garden Lots, Lot 1, from $562,275.00 to 0; and Woodwinds, from $1,893.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, continuing the public hearing on Project 00- 127, Storm Sewer Pond EVR-P44 Construction to the April 13, 2000, at 8:00 p.m., as requested in the City Engineer’s memo dated March 20, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-70 MOTION: of Sterling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 98-810, Orchard Pointe Addition Utility and Street Improvements, and setting a public hearing on it, 8:00 p.m., on April 27, 2000. Ayes 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Page 3 Resolution No. 2000-71 MOTION: of Sterling, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 98-810, Orchard Pointe Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-72 MOTION: of Sterling, seconded by Goodwin, adopting approving the specifications for a Cab and Chassis for a Park Department Garbage Truck and authorizing advertising for receipt of bids, at 2:00 p.m., on April 18, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with General Safety Equipment for a Fire Truck with 75-foot Ladder and Equipment, in the amount of a $1,100.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting a Fire Truck with 75-foot Ladder and Equipment as final and authorizing final payment on the contract with General Safety Equipment, in the amount of $138,398.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement with CNH Architects for Liquor Store No. 2 exterior renovation, in an amount not to exceed $20,000.00, as attached to the Assistant to the City Administrator’s memo dated March 20, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Theresa Ford for the position of Payroll/Human Resources Technician as listed in the Personnel Report dated March 23, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated March 23, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CERTIFICATE OF COMMENDATION Police Captain Anglin presented the Apple Valley Police Department Certificate of Commendation to Daniel Louis Skolte of Rosemount. Mr. Skolte rendered valuable aid and assistance to an accident victim on Pilot Knob Road between County Road 42 and 160th Street on February 16, 2000. ALF Ambulance Director Kevin Raun read a letter written to Chief of Police Erickson from the Dalhed family thanking everyone for the aid that was given to their family on that day. Mayor Hamann-Roland and the Council thanked Mr. Skolte for everything he did that day. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Page 4 ORDINANCE REGULATING MANUFACTURED HOME PARK CLOSINGS Mr. Kelley reviewed his memo dated March 20, 2000, and gave the second reading of an ordinance regulating manufactured home park closings. The Council received a request to consider enacting an ordinance providing compensation to residents of a manufactured housing park if the park in which their housing unit is located should be closed. This compensation would be paid by the park owner. Total resident compensation is limited with a cap of 20% of the park’s market value. The ordinance reads if a mobile home resident can’t find a suitable location within the confines of School District #196, they would be able to tender that title and receive compensation. The Council accepted the second reading of the ordinance. Councilmember Erickson supported the ordinance and stated residents will be receiving the protection they deserve. Ordinance No. 669 MOTION: of Erickson, seconded by Sterling, passing amending City Code Chapter 13 by regulating manufactured home park closings, establishing notice procedures, and defining by whom and in what amount compensation for park relocation or displacement will be paid. Ayes - 5 - Nays - 0. Residents of Apple Valley Estates were present. Henry Miller, 13001 Pennock Avenue, Lot #7; thanked the City Council, Planning Commission, City staff, City Attorney, and APAC for making this a smooth and quick process. FISCHER SAND & AGGREGATE TEMPORARY DRIVEWAY Mr. Kelley reviewed his memo dated March 17, 2000, concerning the request of Fischer Sand & Aggregate for a time extension to use a temporary driveway access to Pilot Knob Road. The temporary driveway was approved until April 1, 2000, and an extension until August 1, 2000, is requested. John Ericson, of Fischer Sand & Aggregate, was present and explained that the request is to accommodate the airport runway project under contract to Bollander Construction. It has about 30 trucks assigned to the project and originally anticipated that the work would be done no later than April 1, 2000 . Bollander has not been able to work at the rate anticipated, and has informed Fischer that it will take an additional 120 days to complete the project. Councilmember Grendahl inquired about the public safety with the trucks on the road. Mr. Lawell reported that Minnesota Department of Transportation would be patrolling Cedar Avenue more closely. The Council asked about the disposition of hazardous material that had been hauled on to the site. Mr. Ericson said it has been identified on the west side of the pit and nothing more will be hauled CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Page 5 in until everything is cleaned up. A meeting was held on March 22, 2000, with the Metropolitan Airport Commission (MAC), Dakota County, the City, and a Fischer representative. Mr. Lawell stated he attended a meeting with the representatives of MAC on March 22, 2000, and stressed the importance of getting a clean bill of health from the Pollution Control Agency on the site. MAC is having materials tested at the airport to make sure it of acceptable quality. It is also monitoring Cedar Avenue more closely and improving sweeping operations. The understanding is that no additional material will be accepted on the west side until everything is cleaned up. Councilmember Sterling inquired if the City is monitoring the site. Mr. Lawell confirmed that the Dakota County Environmental Health is involved with the situation. The Pollution Control Agency has authority and is watching the site quite closely. They are able to track the trucks as they leave the airport. Also, safety issues are being monitored. The County is also watching the site closely and the weight of the trucks is still being monitored regularly. MOTION: of Erickson, seconded by Grendahl, approving a n extension of the time for use of a temporary driveway on the east side of Pilot Knob Road for Fischer Sand and Aggregate, until August 1, 2000, with conditions as recommended in the Community Development Director’s memo dated March 17, 2000. Ayes - 5 - Nays - 0. CITY HALL BUILDING PROJECT Mr. Lawell stated that on March 15, 2000, the City received 12 bids on the new City Hall Project. Wayne Hilbert, of CNH Architects, reported that the general construction bids came in within the estimates and the overall project is within the $7.2 million budget. Mr. Hilbert recommended the City accept the base bid of Shaw-Lundquist & Associates of Eagan, Minnesota. He also recommended accepting Alternates 1-7 and 9. He recommended rejecting Alternates 8 and 10. Councilmember Goodwin inquired why CNH recommended rejecting Alternates 8 and 10? Mr. Hilbert explained that rejecting Alternate 8 (network electronics) at this time would allow more flexibility and could be bid at a later date when the equipment needs to be installed. It is anticipated prices and technology will be better for this equipment in a year and will have little impact on the construction. Alternate 10 is bid to upgrade the hollow metal frames specified to aluminum interior frames. It was the feeling of staff that the extra cost to upgrade was not worth the expense. Resolution No. 2000-73 MOTION: of Sterling, seconded by Hamann-Roland, adopting awarding the contract for the City Hall Project to Shaw-Lundquist Associates, Inc., the low bidder, for its base bid of $5,280,000.00; and accepting Alternates 1 through 7 and 9, for a total contract price of $5,600,500.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Page 6 Mr. Hilbert suggested having staff members approve change orders up to $10,000.00 to allow flexibility should something come up in the field and construction is not delayed. Mr. Dougherty stated only the City Council can enter into a contract, however, City staff can use this as a guideline in proceeding with the project. Mr. Lawell clarified that should something come up on the site, rather than have to wait 10 days until the next Council meeting, a change order could be prepared and then brought before the City Council. Mr. Hilbert noted that smaller contracts are intended to be bid in the next few months as the project progresses. A building security system would be one of these contracts. SALT STORAGE BUILDING Assistant Planner Bodmer reviewed the Planning Commission recommendation on a proposed 11,200 square foot salt storage building to be constructed at the Central Maintenance Facility. The building will have access off Flagstaff Avenue and will be located in the southeast corner of the site. It will be primarily used for salt and sand currently stored in bulk piles in the open on the site. Bob Russek, of Bonestroo, Rosene, Anderlik & Associates, was present to discuss the building materials. When, researching alternatives for building materials, it was noted that salt is corrosive to masonry products. Constructing the building of concrete would add over $250,000 to the cost of the project. Staff believes the best alternative is to construct the building with a combination of treated wood and steel siding. Councilmember Grendahl asked how much of the building will be visible to surrounding homes? Mr. Russek stated that an earth berm would be used to soften the edges. The structure would be located directly across the Eastview High School football field. Mayor Hamann-Roland asked for an update on the sensible salt program. Mr. Heuer reported the City is in its second year of the program and it has been very successful. Currently Administrative Assistant Pederson is evaluating the program. Regardless of the new program, Public Works has been planning for building this type of facility for a number of years to store salt and sand under cover. This building would give the City ability to store the salt, therefore, getting a better cost during purchasing. Resolution No. 2000-74 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan; authorizing issuance of a building permit for a Salt Storage Building at the Central Maintenance Facility; and granting a variance for alternate exterior building materials, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing the expenditure of $15,000.00 to purchase plans and specifications from Advance Storage Technology, Inc., for a CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2000 Page 7 Salt Storage Building, as recommended in the Acting Public Works Director’s memo dated March 23, 2000. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated March 20, 2000, with a calendar listing upcoming events. Mayor Hamann-Roland reminded everyone about the Spring Celebration, put on by the Apple Valley Foundation, scheduled for Saturday, March 25. Councilmember Sterling attended the ALF Board of Director’s meeting and reported that ALF now owns its fifth ambulance. The Board also set the goals and objectives for the year. CLAIMS AND BILLS MOTION: of St erling, seconded by Grendahl, to pay the claims and bills, check registers dated March 15, 2000, in the amount of $8,030,281.32; and March 22, 2000, in the amount of $357,917.66. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:00 o’clock p.m.