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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.