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HomeMy WebLinkAbout06/22/2000CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 22nd, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland ; Councilmembers Erickson, Grendahl, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant to the City 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, Cable Coordinator Moore, Administrative Assistant Pederson, 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 Grendahl, approving the agenda for tonight’s m eeting as amended. Ayes - 4 - 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, deleting consideration of the 2001-2005 Capital Improvements Program from the agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, ap proving the minutes of the regular meeting of June 8th, 2000, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving sending letters of recognition to participants from Apple Valley in the “Kids Feeding Kids” volunteer food packaging program on June 22, 2000. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a temporary On-Sale 3.2 Percent Malt Liquor License to Rosemount Jaycees, for use on July 4, 2000, at CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2000 Page 2 Johnny Cake Ridge Park, as described in the City Clerk’s memo dated June 19, 2000. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing the Minnesota State Patrol to land a helicopter at Redwood Park on August 11, 2000, for participation in a safety camp program, as described in the Playground Coordinator’s memo dated June 22, 2000. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Mediated Settlement Agreement with Lakeville and Leo and Sharon Tutewohl in connection with condemnation proceedings for Project 94-425, Central and East Interceptor Trunk Improvements, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with the Metropolitan Council for 2000 citizen assisted lake monitoring program at Lake Alimagnet and Farquar Lake, as attached to the Natural Resources Coordinator’s memo dated June 15, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterl ing, seconded by Grendahl, granting a setback variance to allow construction of a house to within 20 feet of the front property line on Lot 12, Block 1, Eastwood Ridge, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2000-150 MOTION: of Sterling, seconded by Grendahl, adopting making a finding of fact and conclusion for denial of an amendment to the approved Natural Resources Management Permit establishing grading limits and housepad location on Lot 16, Block 1, Eastwood Ridge. Ayes - 4 - Nays - 0. Resolution No. 2000-151 MOTION: of Sterling, seconded by Grendahl, adopting approving the final corrective plat of Chateau Estates 9th Addition (Replat of Lots 8 and 21, Block 1, Chateau Estates). Ayes - 4 - Nays - 0. MOTION: o f Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Cedar Isle Estates 6th Addition, from $14,170.00 to $6,000.00; and Fischer Market Place, from $4,925,400.00 to $4,751,870.00. Ayes - 4 - Nays - 0. Resolution No. 2000-152 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 00-135, Northwest Airlines Federal Credit Union Streetscape and Street Improvements. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2000 Page 3 Resolution No. 2000-153 MOTION: of Sterling, seconded by Grendahl, adopting authorizing installation of stop signs on 159th Street and on Harmony Way at their intersections with Harwell Avenue. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grenda hl, approving a Lease Agreement with U.S. West Wireless for placing antennas on the outdoor warning siren pole in Chaparral Park, as attached to the Acting Public Works Director’s memo dated June 22, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Kunde Co., Inc., for contract tree inspection services, as attached to the Natural Resources Coordinator’s memo dated June 22, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Mark Demming for the position of Police Officer as listed in the Personnel Report dated June 22, 2000. Ayes - 4 - Nays - 0. MOTION: of Sterlin g, seconded by Grendahl, approving hiring Susan Muelken for the position of Recreation Supervisor 2 as listed in the Personnel Report dated June 22, 2000. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees, as listed in the Personnel Report dated June 22, 2000. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA PUBLIC WORKS COORDINATOR LING RETIREMENT Mr. Lawell introduced Dick Ling who is retiring, as Public Works Coordinator, after 24 years of employment with the City. Mr. Ling commented on his experience working for the City and its growth during that time. Mayor Hamann-Roland presented an engraved pewter apple and key to the City to him. The Council wished him well in his retirement. COMMENDATION FOR FIRE SCENE ASSISTANCE Fire Chief Wassmund described events that occurred at a dumpster fire on May 21, 2000. When the Fire Department arrived, Kip Sagedal, 7688 Whitney Drive, had moved the dumpster, at the townhouse complex, away from the garages preventing the fire from spreading to the structures. Chief Wassmund thanked Mr. Sagedal for his actions in preventing property damage for his CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2000 Page 4 neighbors. Mayor Hamann-Roland presented a certificate of commendation to Mr. Sagedal and the Council thanked him for his actions. CABLE COMPETITIVE FRANCHISE PROCEDURES Mr. Grawe reviewed the memo, dated June 19, 2000, describing cable television franchise authority of the City. Laws and regulations allow competitive franchises by telecommunications service providers including cable television. In order to facilitate processing requests to provide these services, policies and procedures have been prepared. The Telecommunications Advisory Committee has reviewed them and recommends approval along with setting the application fee at $35,000.00. The application fee is intended to cover costs incurred by the City in processing applications and preparing franchise documents including attorney’s fees. Resolution No. 2000-154 MOTION: of Erickson, seconded by Grendahl, adopting establishing policies and procedures governing application, review, and recommendations regarding the granting of competitive cable franchises in the City as recommended by the Telecommunications Advisory Committee. Ayes - 4 - Nays - 0. TRANSIT TAX LEVY COLLECTIBLE IN 2001 Mr. Lawell reviewed the memo dated, June 19, 2000, describing the transit tax levy process. Since 1997, the City has opted to levy the transit tax rather than allow the Metropolitan Council to do so. In past years, the City tax levy was restricted by levy limits and the same limits were applied to the local option transit tax levy. City levy limits have been removed this year, but the State calculation for transit tax sets the maximum for 2001 at $1,459,329.00. Councilmember Grendahl said the Minnesota Valley Transit Authority Board approved its 2001 budget at its meeting of June 21, 2000. Based on that budget, Apple Valley’s share of the costs will be $1,289,868.00 and she recommended setting the levy in that amount. Resolution No. 2000-155 MOTION: of Sterling, seconded by Erickson, adopting declaring intent to exercise the City’s local transit levy option for taxes collectible in 2001 and setting the tax levy amount at $1,289,868.00. Ayes - 4 - Nays - 0. EASEMENT VACATION, VERMILLION FLOWAGE/ORCHARD POINTE Mr. Lovelace reviewed his memo, dated June 19, 2000, describing a proposal to vacate a drainage and utility easement across the northeast corner of the Orchard Pointe development. The easement involves an unnamed tributary to the northern branch of the Vermillion River. Along with the development, the drainage will be relocated and a new easement provided. This is a DNR protected waterway and the long-term goal is to develop it as a greenway corridor including a series of ponds and pipes. CITY OF APPLE VALLEY Dakota County, Minnesota June 22, 2000 Page 5 Resolution No. 2000-156 MOTION: of Sterling, seconded by Erickson, adopting setting a public hearing, at 8:00 p.m., on July 27, 2000, to consider vacating a drainage and utility easement across the northeast of Orchard Pointe Addition in Section 34. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated June 19, 2000, with a calendar listing upcoming events. Mayor Hamann-Roland noted that 20 young people from Apple Valley participated in the “Kids Feeding Kids” volunteer food packaging program today. She also reviewed the schedule of events planned for the 4th of July celebration and encouraged everyone to attend. CLAIMS AND BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated June 14, 2000, in the amount of $4,102,886.40; and June 22, 2000, in the amount of $2,953,008.81. Ayes - 4 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss the status of threatened and pending litigation. The items to be discussed involve Williams Pipe Line Company, Piersa matter, a data practices request, and the Palomino East Apartment site. MOTION: of Grendahl, seconded by Erickson, to close the regular meeting and convene in closed session to discuss threatened and pending litigation related to Williams Pipe Line Company, Piersa, data practices request, and Palomino East Apartment site. Ayes - 4 - Nays - 0. The meeting was closed at 8:35 p.m. and the Council convened in the Conference Room, at 8:41 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, Assistant to the City Administrator Grawe, and Police Captain Lohse (attended until 8:50 p.m.). Community Development Director Kelley attended at 8:51 p.m. Mr. Dougherty advised the Council that its discussion must be limited to the legal matters and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 9:14 p.m. MOTION: of Erickson, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:15 o’clock p.m.