HomeMy WebLinkAbout09/14/2000CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held September 14th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Ham ann-Roland; Councilmembers Erickson, Goodwin, and Grendahl.
ABSENT: Councilmember Sterling.
City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney
Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer,
Natural Resources Coordinator Colleran, Police Chief Erickson, Assistant to the City
Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson,
Community Development Director Kelley, Police Captain Lohse, Human Resources Manager
Margarit, Assistant Planner Milton, 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 Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as
amended. Ayes - 4 - Nays - 0.
SCHOOL DISTRICT 196 LEVY REFERENDUM
Dan Kahler, of Independent School District No. 196, was present to discuss the School’s levy
referendum set for November 7, 2000. It will be a question for voters on the General Election
ballot. It is not a bond referendum and not funding for construction, but authority to raise
$474.00 per pupil unit, per year, for 10 years, for operating funds. He said the District now has
an enrollment of about 28,000 students, in 31 schools, and has over 4,000 employees. The Board
has already taken steps to cut spending and increase revenue to balance the budget. It is asking
for funding to continue existing programs. The estimated cost to taxpayers is $18.00 per month
per $100,000 of market value. He distributed informational pamphlets and asked anyone with
questions to call (651)423-7776. The Council thanked him for the information and encouraged
citizens to become informed on the issue.
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
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 2
MOTION: o f Goodwin, seconded by Grendahl, moving bid authorization for Project 00-135
to the regular agenda and approving all remaining items on the consent agenda.
Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the special meeting
of August 21st, 2000, as written. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting
of August 24th, 2000, as written. Ayes - 4 - Nays - 0.
Resolution No. 2000-222
MOTION: of Goodwin, sec onded by Grendahl, adopting making a
commitment to join in the “Minnesota Cities: Building Quality Communities”
statewide educational effort, in cooperation with members of the League of
Minnesota Cities, and designating Andy Pederson as the City’s key contact person.
Ayes - 4 - Nays - 0.
Resolution Nos. 2000-223
MOTION: of Goodwin, seconded by Grendahl, adopting and
2000-224
approving issuance of lawful gambling exempt permits, by the State
Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776,
for events on November 18, 2000, and December 9, 2000, at 14521 Granada
Drive, and waiving any waiting period for the permits to become effective. Ayes -
4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, appr oving issuance of a temporary on-sale
beer license to Apple Valley American Legion for use on September 16, 2000, at
Fire Station No. 1, as described in the City Clerk’s memo dated September 11,
2000. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, declaring as surplus and authorizing the sale
of certain City vehicles at the public auction being conducted by Dakota County,
on October 7, 2000, as requested in the City Clerk’s memo dated September 11,
2000. Ayes - 4 - Nays - 0.
Resolution No. 2000-225
MOTION: of G oodwin, seconded by Grendahl, adopting approving
Special Assessment Divisions as follows: No. 22844, Olson 1st Addition; No.
22952, Enderes Addition; No. 23034, Avsur Acres 2nd Addition; No. 23075,
Fischer Market Place 3rd Addition; and No. 23157, Fischer Market Place 2nd
Addition. Ayes - 4 - Nays - 0.
Resolution No. 2000-226
MOTION: of Goodwin, seconded by Grendahl, adopting approving
the final Alternative Urban Areawide Review and Mitigation Plan for the
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 3
Genstar/Seed Trust property as recommended in the City Planner’s memo dated
September 14, 2000, and receiving the letter dated September 14, 2000, from
Anthony Gleekel, representing Fischer Sand & Aggregate, as part of the public
record. Ayes - 4 - Nays - 0.
Resolution No. 2000-227
MOTION: of Goodwin, seconded by Grendahl, adopting approving
the final plat and subdivision agreement for Fischer Market Place 4th Addition and
authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0.
Resolution No. 2000-228
MOTION: of Goodwin, seconded by Gr endahl, adopting approving
the final plat and subdivision agreement for Dahle Pines and authorizing the Mayor
and Clerk to sign the same. Ayes - 4 - Nays - 0.
Resolution No. 2000-229
MOTION: of Goodwin, seconded by Grendahl, adopting awarding
the contract for Project 99-103, Dahle Pines Utility and Street Improvements, to
Hydrocon, Inc., the low bidder, in the total amount of $242,400.00. Ayes - 4 -
Nays - 0.
Resolution No. 2000-230
MOTION: of Goodwin, seconded by Grendahl, adopting approving
plans and specifications for Project 96-512, East Trunk Storm Sewer, and
authorizing advertising for receipt of bids, at 2:00 p.m., on October 12, 2000.
Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, awarding the contract fo r Project 00-142,
Deep Wells No. 9 and 15 Pump Maintenance, to Keys Well Drilling, for its low
quotation of $43,097.00. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 2 to the
contract with Southridge Construction for Liquor Store No. 2/PDQ Store Exterior
Renovations in the amount of an additional $6,520.00 for structural and electrical
work and contract extension to October 12, 2000. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, accepting Proj ect 99-111, Well No. 16
Pumping Facility, as final and authorizing final payment on the contract with
Municipal Builders, Inc., in the amount of $8,493.82. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, receiving notice of the Fire Chief’ s
appointment of Jeff Tuthill as Captain at Fire Station No. 2, as contained in his
memo dated September 1, 2000. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving hiring the part-time and seasonal
employees, as listed in the Personnel Report and Addendum dated September 14,
2000. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 4
MOTION: of Goodwin, seconded by Grendahl, approving the revised publication of an intent
to franchise for provision of cable services and rescheduling the public hearing for
November 6, 2000, at 7:00 p.m., as requested in the Assistant to the City
Administrator’s memo dated September 14, 2000. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
PROJECT 00-135, NWA CREDIT UNION STREETS & STREETSCAPE
Councilmember Erickson asked for discussion of street improvements related to the Northwest
Airlines Federal Credit Union project. Mr. Gordon said in addition to sidewalk, lighting, and
boulevard trees on Glazier Avenue, it includes work on Garrett Avenue. One block of Garrett
Avenue, on each side of County Road 42, will be restriped for three lanes to accommodate
turning movements.
Resolution No. 2000-231
MOTION: of Erickson, seconded by Goodwin, adopting approving
plans and specifications for Project 00-135, NWA Federal Credit Union Street and
Streetscape Improvements, and authorizing advertising for receipt of bids, at 2:00
p.m., on October 5, 2000. Ayes - 4 - Nays - 0.
RING-AROUND-THE-ARTS FESTIVAL
Carole Elfstrum, President of the Ring-Around-The-Arts Board, was present and described
activities planned for the festival on September 16 and 17, 2000. Approximately 70 artists will
participate. Due to construction of the Municipal Center, the site has been moved to the Aquatic
Center parking lot for this year only. She thanked City Staff for their support and invited
everyone to attend. Anyone interested in volunteering to help work at the booths can contact her
at (952) 985-3463.
POLLUTION PREVENTION WEEK
Nelda Werkmeister, Recycling Coordinator, reviewed the purpose of “Pollution Prevention
Week” as described in her memo dated September 11, 2000. Since the focus in now on
eliminating generation of waste, City employees will be asked to collect unwanted mail for one
week. The mail will be weighed to demonstrate the volume and mailers will be contacted to
remove recipients from mailing lists. She noted the third annual City-sponsored clean-up day is
planned for October 7, 2000. The most recent City newsletter contained details about it and
September utility bills will include inserts also.
MOTION: of Erickson, seconded by Grendahl, proclaiming September 18-24, 2000, as
“Pollution Prevention Week” and encouraging all citizens to join in this
observance. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 5
PROJECT 00-139, CHRISTIAN SCIENCE SOCIETY UTILITY TRUNKS
Mayor Hamann-Roland called the public hearing to order, at 8:34 p.m., to consider Project 00-
139, Christian Science Society Subdivision Utility Trunks, and noted receipt of the affidavit of
publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated
August 1, 2000, describing assessment of per acre sanitary sewer and water trunk charges. There
is no construction involved. The Mayor asked for questions or comments from the Council and
the audience. There were none and the hearing was declared closed at 8:35 p.m.
Resolution No. 2000-232
MOTION: of Erickson, seconded by Goodwin, adopting ordering
Project 00-139, Christian Science Society Subdivision Utility Trunks. Ayes - 4 -
Nays - 0.
PROJECT 00-140, SUPERIOR STORAGE ADDITION UTILITY TRUNKS
Mayor Hamann-Roland called the public hearing to order, at 8:36 p.m., to consider Project 00-
140, Superior Storage Addition Utility Trunks, and noted receipt of the affidavit of publication of
the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated August 1,
2000, describing assessment of per acre sanitary sewer, water, and storm sewer trunk charges.
There is no construction involved. The Mayor asked for questions or comments from the Council
and the audience. There were none and the hearing was declared closed at 8:37 p.m.
Resolution No. 2000-233
MOTION: of Grendahl, seconded by Erickson, adopting ordering
Project 00-140, Superior Storage Addition Utility Trunks. Ayes - 4 - Nays - 0.
HIDDEN PONDS APARTMENTS
Ms. Milton reviewed the Planning Commission recommendation building permit approval for a
seven-building apartment complex, with a total of 84 units, at 128th Street and Germane Avenue.
The development contains approximately 60 percent green space and the landscape plan is being
revised so that no trees are planted on any utility easement. She reviewed the exterior building
elevations. The developer is applying for funds from the Metropolitan Council Inclusionary
Housing Account and; thus, is requesting a reduction, to 40 percent, in the amount of brick
required and three setback variances. As part of the application to provide affordable housing, the
City is asked to amend certain performance standards to reduce development costs.
John Duffy, the developer, was present and commented on site adjustments being made to
accommodate the neighbors. He said they have not determined whether the building exterior that
is not brick will be vinyl or steel siding and asked if that needed to be determined now.
Councilmember Goodwin asked for clarification of the location of Building No. 3. Ms. Milton
said, due to the proximity of existing residences, the building is located toward the west. In
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 6
addition, the preferred driveway access is to Germane Avenue rather than 128th Street. Ms.
Colleran reviewed the tree preservation plan and said 73 percent of the significant trees are being
saved. Due to topography, the number of trees being saved is acceptable.
Resolution No. 2000-234
MOTION: of Erickson, seconded by Goodwin, adopting approving
negotiated performance standards, including reduced building setbacks and
increase in density, for the Hidden Ponds Apartments, as recommended by the
Planning Commission; and authorizing execution of necessary agreements to
participate in the Metropolitan Council’s Inclusionary Housing Account Program.
Ayes - 4 - Nays - 0.
Resolution No. 2000-235
MOTION: of Goodwin, seconded by Grendahl, adopting approving
the site plan and authorizing issuance of building permits for the seven-building
apartment complex on Lot 1, Block 1, Hidden Ponds 3rd Addition, with a
combination brick and steel siding on the exterior and other conditions as
recommended by the Planning Commission. Ayes - 4 - Nays - 0.
Resolution No. 2000-236
MOTION: of Grendahl, seconded by Erickson, adopting ordering
the City Engineer to prepare a preliminary feasibility report for Project 00-134,
Hidden Ponds Apartments Improvements. Ayes - 4 - Nays - 0.
ANNEXED PROPERTY LAND USE DESIGNATIONS
Ms. Bodmer reviewed the Planning Commission recommendation on establishing Comprehensive
Plan land use designations on property annexed from Rosemount in connection with the
Evermoor Development. It includes the “back nine” of Valleywood Golf Course and a small area
that will be part of the private driveway for Talcott Glen Townhomes. After the designations are
approved by the Metropolitan Council, appropriate zoning can be established on the properties.
Resolution No. 2000-237
MOTION: of Erickson, seconded by Grendahl, adopting approving
submittal of the Comprehensive Plan Amendment to the Metropolitan Council,
establishing land use designations of “Park” and “LD” on property annexed from
the City of Rosemount, as recommended by the Planning Commission. Ayes - 4 -
Nays - 0.
PROPOSED 2001 CITY BUDGET AND TAX LEVY
Mr. Lawell reviewed the process involved in preparing the proposed City budget and tax levy for
2001 that the Council reviewed at previous meetings. Mr. Ballenger said the Council is required
to adopt a proposed budget and certify a tax levy by September 15th. Following the truth in
taxation hearing, in December, the final amount must be certified which can be decreased but
cannot be increased over the proposed amount. The budget is proposed with revenue of
$33,921,408 and expenditures of $32,521,612; a budget increase of 7.9 percent. The increase
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 7
includes funding to implement a housing maintenance code and add three police officers for
enhanced traffic enforcement.
The Council commented on the need for additional traffic enforcement to influence driver
behavior. They noted this action will be a conscious policy of the Council to have traffic laws
more strictly enforced. The public should not think the enforcement is initiated by individual
officers, but is a directive of the Council to make streets safer. The Council also discussed
working with associations to let the judicial system know they want fines and penalties upheld
when traffic tickets are issued.
Resolution No. 2000-238
MOTION: of Erickson, seconded by Goodwin, adopting approving
proposed 2001 budgets, with total revenue of $33,921,408.00 and expenditures of
$32,521,612.00, and approving the proposed net tax levy collectible in 2001 of
$12,174,845.00. Ayes - 4 - Nays - 0.
Resolution No. 2000-239
MOTION: of Grendahl, sec onded by Erickson, adopting
authorizing the County Treasurer-Auditor to fix a property tax rate for taxes
payable in 2001 that is higher than the tax rate calculated pursuant to M.S.
204B.135 and collected in 2000. Ayes - 4 - Nays - 0.
Resolution No. 2000-240
MOTION: of Grendahl, seconded by Goodwin, adopting approving
the proposed net transit tax levy collectible in 2001 of $1,106,712.00. Ayes - 4 -
Nays - 0.
MOTION: of Grendahl, seconded by Erickson, setting the truth in taxati on public hearing on
proposed 2001 budgets and tax levy, at 7:00 p.m., on Monday December 11,
2000. Ayes - 4 - Nays - 0.
FOLLOW-UP STORM SEWER IMPROVEMENTS
Mr. Gordon reviewed his memo dated September 11, 2000, recommending two additional storm
sewer upgrades. The work involves the area of Dover Drive, south of County Road 38, near the
Rosemount boundary. It includes constructing a small berm and installing an additional length of
pipe to drain back yards.
MOTION: of Grendahl, seconded by Erickson, au thorizing the expenditure of $12,200.00 for
storm sewer system improvements involving the Dover Drive area; as described in
the City Engineer’s memo dated September 11, 2000. Ayes - 4 - Nays - 0.
SPECIAL INFORMAL MEETINGS
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 8
Mr. Lawell reminded the Council that the Garden View Drive Ad Hoc Advisory Committee on
Traffic is holding an open house for the public to review its proposals on September 21, 2000. If
Councilmembers wish to attend, the Council should schedule an informal meeting.
Mr. Lawell said Bill Moorish, who worked with the Metropolitan Council on its grant program,
has been invited to discuss planning concepts and objectives of the Livable Communities Act with
the Council and Planning Commission. He suggested an informal meeting also be set for this
purpose.
MOTION: of Grendahl, seconded by Erickson, setting a special informal meeting, on
Thursday, September 21, 2000, from 5:00 to 8:00 p.m., at Valley Middle School,
to attend the open house hosted by the Garden View Drive Ad Hoc Advisory
Committee on Traffic. Ayes - 4 - Nays - 0.
MOTION: of Erickson, seconded by Grendahl, setting a special informal meeting with the
Planning Commission, on Thursday, September 28, 2000, at 5:30 p.m., at City
Hall, to discuss planning concepts. Ayes - 4 - Nays - 0.
RING-AROUND-THE-ARTS FESTIVAL
MOTION: of Grendahl, seconded by Erickson, authorizing outdoor sales and displays in the
parking lot at the Outdoor Aquatic Center in connection with the Ring-Around-
The-Arts Festival, on September 16 and 17, 2000, as described in the Recreation
Supervisor’s memo dated August 28, 2000. Ayes - 4 - Nays - 0.
COMMUNICATIONS & CALENDAR
The Council received a memo dated September 11, 2000, with a calendar listing upcoming events.
Mayor Hamann-Roland noted that Police Chief Erickson has submitted his resignation and will be
retiring in early 2001. More information on recruitment will be forthcoming. Police Chief
Erickson said he had planned to retire about two years ago and will now be proceeding with those
plans. He thanked the Council for the opportunity and said he felt it appropriate to give the
Council adequate time to plan for filling the position.
Mayor Hamann-Roland noted that Monica Bogner is leaving her position as Crime Prevention
Specialist and going to work for the Dakota County Attorney’s Office and wished her well.
The Mayor reminded everyone that the Firefighter’s Booya Fund Raiser will be held on
September 16, 2000, beginning at 11:00 a.m., at Fire Station No. 1. She also said donations
collected in Apple Valley for the City of Granite Falls disaster relief effort will be delivered on
Monday, September 18, 2000.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 14, 2000
Page 9
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers
dated August 30, 2000, in the amount of $593,260.14; September 6, 2000, in the
amount of $4,708,037.08; and September 14, 2000, in the amount of
$6,934,526.30. Ayes - 4 - Nays - 0.
MOTION: of Erickson, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 9:42 o’clock p.m.