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HomeMy WebLinkAbout01/14/1999CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 14th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann- Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Crime Prevention Specialist Bogner, Building Inspector Boyd, Assistant to the City Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, Administrative Intern Peterson, and Recreation Specialist Zinck. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone 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 - 5 - Nays - 0. MID-WINTER FEST ‘99 Recreation Specialist Zinck and Laura Ochs, of the Mid-Winter Fest Committee, were present. Ms. Ochs reviewed activities planned for this year’s celebration at Hayes Park and Valleywood. Buttons are required for admission to the events on February 6 and 7, 1999, and will be for sale at various locations for $1.00. AUDIENCE Penelope Curry, representing the Celebrating Apple Valley Youth planning group of the Healthy Communities Collaborative, was present. They will be holding their next Town Meeting on February 2, 1999, from 5:00 to 8:00 p.m., at Apple Valley Community Center. It will be an intergenerational dialogue on the topic of respect and she invited every one to participate. Mayor Hamann-Roland asked if anyone else was present to address the Council, at this time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 2 CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of December 22nd, 1998, as written. Ayes - 4 - Nays - 0 (Hamann-Roland Abstained). MOTION: of Sterling, seconded by Goodwin, approving the minutes of the special meeting of January 4th, 1999, as written. Ayes - 5 - Nays - 0. Resolution No. 1999-5 MOTION: of Sterling, seconded by Goodwin, adopting proclaiming February 6-7, 1999, as “Apple Valley Mid-Winter Fest ‘99” and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. Resolution No. 1999-6 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of $3,700.00 from Dakota Electric Association toward updating and publishing an economic development brochure. Ayes - 5 - Nays - 0. Resolution No. 1999-7 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of $100.00 from Lutheran Brotherhood of Apple Valley- Rosemount, Branch 8952, for use by the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. Resolution No. 1999-8 MOTION: of Sterling, seconded by Goodwin, adopting appointing the firm of Juran & Moody, Inc., as the City’s bond consultant for the year 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-9 MOTION: of Sterling, seconded by Goodwin, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Dakota County 40 & 8, Voiture 1457, for an event on March 17, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. Resolution No. 1999-10 MOTION: of Sterling, seconded by Goodwin, adopting approving the application for Fiscal Year 1999 Dakota County Community Development Block Grant Funding for Mary’s Shelter Capital Campaign and the Housing Rehabilitation Revolving Loan Program and reallocation of unexpended funds to the Housing Rehabilitation Revolving Loan Program. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an application to the Wal-Mart Foundation for $25,000 in economic development grant funds for a Business Assistance Program as described in the Community Development Director’s memo dated January 11, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 3 MOTION: of Sterling, seconded by Goodwin, waiving the requirement for a second reading Ordinance No. 655 and passing amending the City Code by adding Section 17- 14.5, establishing an interim zoning district for a reduced study area of five selected properties identified for further review as part of the Comprehensive Guide Plan update; all located north of County Road 42, currently zoned multiple- family or undeveloped with a natural slope of 12 percent or more. Within these areas, no permits for new development will be granted until September 30, 1999, unless extended, or upon adoption of an ordinance(s) to regulate land use and development. Ayes - 5 - Nays - 0. Resolution No. 1999-11 MOTION: of Sterling, seconded by Goodwin, adopting directing that public hearings be set before the Planning Commission, as soon as practicable, to consider rezoning of the five properties identified in the interim zoning district reduced study area. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setb ack variance to allow construction of a house addition to within 27.5 feet of the front lot line on Lot 15, Block 2, Greenleaf 6th Addition (13945 Everest Avenue), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-12 MOTION: of Sterling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 99-811, Pahl’s Garden Lots (Haight Apartments) Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on February 11, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-13 MOTION: of Sterling, seconded by Goodwin, adopting directing the Engineer to prepare plans and specifications for Project 99-811, Pahl’s Garden Lots (Haight Apartments) Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1999-14 MOTION: of Sterling, seconded by Goodwin, adopting directing the Engineer to prepare plans and specifications for Project 99-823, HRA Chasewood Family Housing Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 1999-15 MOTION: of St erling, seconded by Goodwin, adopting approving plans and specifications for Project 98-816, Traffic Signal Improvements on 140th Street at Flagstaff Avenue and at Johnny Cake Ridge Road, and authorizing advertising for bids to be received, at 2:00 p.m. on February 18, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Hydrocon, Inc., for Project 98-534, Stonewood Utility and Street Improvements, in the amount of an additional $2,075.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 4 MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with Hydrocon, Inc., for Project 98-534, Stonewood Utility and Street Improvements, in the amount of an additional $8,120.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with Shank Constructors, Inc., for Project 97-547, Water Treatment Facility Filter Bypass Piping, in the amount of an additional $1,611.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders for Project 97-542, Outdoor Family Aquatic Center, in the total amount of an additional $331.00, as listed in the Construction Manager’s letter dated January 8, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders for the Apple Valley Community Center Gym Addition/Teen Center Building Project, in the total amount of an additional $7,687.00, as listed in the Construction Manager’s letter dated January 8, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Project 97-547, Water Treatment Facility Filter Bypass Piping, as final and approving final payment on the contract with Shank Constructors, Inc., in the amount of $6,983.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting the Outdoor Rink Maintenance/ Street Flusher Truck and approving final payment on the contract with Sweeney Brothers Tractor, Inc., in the amount of $90,620.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Wyndemere 3rd, from $6,525.00 to $875.00; Wyndemere 4th, from $7,198.00 to $2,250.00; Cherry Oak Estates 2nd, from $6,150.00 to 0; The Summit, from $82,182.00 to $75,894.00; and Waterford Village Townhomes 2nd, from $84,375.00 to $16,031.00. Ayes - 5 - Nays - 0. Resolution No. 1999-16 MOTION: of Sterling, seconded by Goodwin, adopting establishing an application policy for installation of antennas on City-owned properties, including a non-refundable fee of $2,500.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement for 1999 Electrical Maintenance Services with Master Electric Company, as attached to the Assistant Public Works Director’s memo dated January 14, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Joint Powers Agreement for 1999 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating Services with CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 5 the Cities of Burnsville, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee, as attached to the Public Works Project Coordinator’s memo dated January 14, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-17 MOTION: of Sterling, seconded by Goodwin, adopting establishing no parking zones along both sides of Galaxie Avenue between 127th Street and the south property line of Cedar Knolls Park. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the 1998-99 Revised D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196, as attached to the Police Chief’s memo dated December 18, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-18 MOTION: of Sterling, seconded by Goodwin, adopting amending the mileage reimbursement rate for vehicle usage and setting it at $.31 per mile for 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Contract with Dakota County for Sentence to Service Program Work Crews for 1999, as attached to the Park Maintenance Superintendent’s memo dated January 7, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Independent Contract Services Agreement with Terrence L. Cook, as attached to the Human Resources Manager’s memo dated January 14, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring William Bird for the full-time position of Recreation Specialist as listed in the Personnel Report dated January 14, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated January 14, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RALPH BOYD RETIREMENT Mayor Hamann-Roland congratulated Ralph Boyd on his upcoming retirement January 22, 1999. He has been employed as a building inspector for the City since 1986. The Mayor presented a CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 6 key to the City and an engraved pewter apple to him in recognition and appreciation for his years of service. CEDAR MARKETPLACE ADDITION Ms. Bodmer reviewed her memo dated January 11, 1999, concerning final approvals for Cedar Marketplace Addition located at the northeast corner of 147th Street and Cedar Avenue. Paul Tucci, of Oppidan, Inc., the developer, was present to answer questions. Ordinance No. 656 MOTION: of Erickson, seconded by Sterling, passing amending Article A2, of Appendix A, of the City Code, by adding Zone 4 to Planned Development Designation No. 290 providing for permitted and conditional uses in Cedar Marketplace Addition and establishing minimum performance standards as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-19 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Cedar Marketplace Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, acknowledging installation of Project 99-822, Cedar Marketplace Addition Utility Improvements, by the developer under the provisions contained in the Subdivision Agreement, as described in the City Clerk’s memo dated January 11, 1999. Ayes - 5 - Nays - 0. DRAFT COUNTY ROAD 42 CORRIDOR STUDY Mr. Kelley reviewed his memo, dated January 11, 1999, concerning the study conducted of the County Road 42 corridor by Dakota and Scott Counties. At its meeting of December 22, 1998, the Council held action on accepting the report for further Staff analysis. The County Boards will be considering adoption of the report in February and any comments must be received by them by February 9, 1999. He reviewed the four issues on which further qualifications are recommended. Resolution No. 1999-20 MOTION: of Sterling, seconded by Erickson, adopt ing accepting the draft report of the County Road No. 42 Corridor Study with qualifications on issues related to: removal/modification of semaphores not meeting spacing guidelines; grade separation at County Road 42 and Cedar Avenue; County financial participation in off-system roadway improvements; and performance based standards for access spacing variances. Councilmember Grendahl asked what will happen where no comments are submitted by an affected community? Mr. Kelley said that will be a County decision, but will probably be treated as acceptance of the draft report. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 7 Councilmember Sterling asked who pay for grade separation at County Road 42 and Cedar Avenue? Mr. Kelley said the County is the lead agency in such a project and it could be done under the cost-sharing policy. In such instances, there has been participation using Federal funds as well. Vote was taken on the motion. Ayes - 5 - Nays - 0. MUNICIPAL LEGISLATIVE COMMISSION REPRESENTATIVE MOTION: of Hamann-Roland , seconded by Erickson, appointing Councilmember Goodwin as the City’s representative on the Municipal Legislative Commission Board of Directors, as described in the City Administrator’s memo dated December 23, 1998. Ayes - 5 - Nays - 0. CLARK PLANNING COMMISSION RESIGNATION The Council accepted the letter dated January 6, 1999, from Louis R. Clark submitting his resignation from the Planning Commission. The press was asked to publicize the vacancy and noted interested individuals should submit applications to the City Clerk. Councilmembers Grendahl and Sterling expressed appreciation for Mr. Clark’s service on the Commission. SET MEETING SCHEDULE MOTION: of Goodwin, seconded by Grendahl, setting the 1999 Council meeting schedule on the second and fourth Thursdays of each month, in accordance with current policy, as listed in the City Clerk’s memo dated January 11, 1999. Ayes - 5 - Nays - 0. CEMETERY COMMITTEE APPOINTMENT MOTION: of Sterling, seconded by Grendahl, appointing David J. Kemp to fill th e vacant position on the Cemetery Advisory Committee for a term expiring March 1, 2000. Ayes - 5 - Nays - 0. POLICE CHIEF & CITY ADMINISTRATOR RECRUITMENT PROCESSES The Council received projected timelines for the Police Chief and City Administrator hiring processes prepared by the Human Resources Manager. Mr. Gretz noted the Council reviewed these schedules at its informal meeting earlier this evening. MOTION: of Goodwin, seconded by Erickson, suspending the search for recruiting applicants for the Police Chief position. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 8 Councilmember Goodwin said he has been considering the process and believes the person who should fill the position is already with the City and that is Bruce Erickson. He had expressed his intention to retire, but that was before Chief Willow left. He would like to make the decision to promote Mr. Erickson to Police Chief now. Mayor Hamann-Roland said she believes the subcommittee developed a good process for conducting the search in an open manner and it should continue. She had originally suggested that Mr. Erickson be asked to stay on until the Administrator’s position is filled, in August, and then consider filling the Chief’s position. Chief Willow was hired through a similar process and that resulted in a very good decision. Councilmember Erickson expressed concern about waiting until August to make a decision on the Chief’s position. In addition to this position, there are two Captain vacancies. He supports the opportunity to promote from within the Department and promoting Mr. Erickson to Chief would send a positive message to the Officers. Councilmember Goodwin commented that discussion of suspending the recruitment process by the Council taints the position for potential applicants. Councilmember Sterling commented on the difference in staffing now compared to four years ago. With vacancies in the Captains’ and Chief’s positions, and potential for Sergeant promotions, there could be seven individuals in new management positions. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, appointing Bruce Erickson as Chief of Police for the City. Councilmember Goodwin said he understands the difficulty in making the decision, but he would be requesting the same action no matter who became Mayor. Mayor Hamann-Roland commented on the importance of public safety in the City. She stated she would defer to the wisdom and experience of the Council and, in the spirit of consensus building, affirm the action of appointing Mr. Erickson as Chief. Vote was taken on the motion. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated January 11, 1999, with a calendar listing upcoming events. Councilmember Sterling noted that the next ALF Ambulance Board meeting is Tuesday, January 26, 1999, at 4:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1999 Page 9 CLAIMS AND BILLS MOTION: of Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated January 6, 1999, in the amount of $836,789.64; January 7, 1999, in the amount of $2,699,703.15; and January 13, 1999, in the amount of $810,944.60. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:52 o’clock p.m.