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HomeMy WebLinkAbout02/11/1999CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 11th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-Roland; Councilmembers Erickson, Grendahl, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Chief Erickson, Assistant to the City Administrator Grawe, Building Official Hanson, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Administrative Intern Peterson. 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 Sterling, seconded by Grendahl, approving the agenda for tonight’s meeting as amended including holding a closed attorney-client session to discuss pending litigation. 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. Michael Vincent, 3786 Windtree Drive, Eagan; said he has applied for the District 15 Metropolitan Council position which includes Apple Valley. He was present to introduce himself to the City Council and submitted a letter stating his interest. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of January 14th, 1999, as corrected. Ayes - 4 - Nays - 0. Resolution No. 1999-21 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $1,000.00 from Apple Valley American Legion Post 1776 to support Mid-Winter Fest activities. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 2 Resolution No. 1999-22 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $500.00 from Dakota Electric Association to support Apple Valley Teen Center activities. Ayes - 4 - Nays - 0. Resolution No. 1999-23 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $2,182.19 from Mid-West Vending for a big screen television for the Apple Valley Teen Center. Ayes - 4 - Nays - 0. Resolution No. 1999-24 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $340.78 from the Apple Valley Optimist Club for two VCRs for the Apple Valley Teen Center. Ayes - 4 - Nays - 0. Resolution No. 1999-25 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Sons of American Legion, Squadron 1776, for an event on March 13, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. Resolution No. 1999-26 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Sons of American Legion, Squadron 1776, for an event on July 4, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. Resolution No. 1999-27 MOTION: of Grend ahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Sons of American Legion, Squadron 1776, for an event on October 9, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. Resolution No. 1999-28 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of a Lawful Gambling Exempt Permit - LG220 for Sons of American Legion, Squadron 1776, for an event on November 11, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of various 1999 licenses and permits as listed in the City Clerk’s memo dated February 8, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, authorizing Staff to send a letter of support for Dakota County Housing and Redevelopment Authority’s financial assistance to the proposed Twin City Christian Housing senior apartment building proposed for the southeast corner of 140th Street and Pennock Avenue as described in the Community Development Director’s memo dated February 8, 1999. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 3 MOTION: of Grendahl, seconded by Sterling, authorizing payment of $533,818.82 to the Minnesota Valley Transit Authority for second half of 1998 property taxes, HACA, and fiscal disparities tax as described in the Finance Director’s memo dated January 26, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the First Amendm ent to the Agreement with the Metropolitan Council for Transit Capital Financial Assistance, extending the grant period through December 31, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the Escrow Agreement with HTW Investment Partners, Inc., for $11,550.00 to ensure construction of a trash enclosure for Office Max/Party City on Lot 3, Block 1, Southport Centre 2nd Addition, and Lot 7, Block 1, Southport Centre; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Assignment and Assumption Agreement with KTJ Limited Partnership 26 and Apple American Limited Partnership of Minnesota for utility installation on Lot 1, Block 1, Cedar Marketplace Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision financial guarantees for: Walnut Hills, from $2,280.00 to 0; Regatta, from $172,507.00 to $115,561.00; and Regatta 2nd, from $654,550.00 to $519,500.00. Ayes - 4 - Nays - 0. Resolution No. 1999-29 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 99-824, HRA Chasewood Family Housing Utility Improvements, and authorizing advertising for bids to be received, at 2:00 p.m., on March 4, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-30 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 98-817, Deep Well No. 6 Pump Repair, to Keys Well Drilling Company, the low bidder, in the base amount of $26,715.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 3 to the contract with Ryan Contracting, Inc., for Project 98-538, Carroll Center 4th Addition Improvements, in the amount of an additional $2,606.25. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Burschville Construction, Inc., for Project 97-546, Regatta 2nd Addition CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 4 Utility and Street Improvements, in the amount of an additional $41,776.60, for storm sewer installation on Cimarron Road. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 2 to the contract with Burschville Construction, Inc., for Project 97-546, Regatta 2nd Addition Utility and Street Improvements, in the amount of an additional $4,576.00, for storm sewer installation in Longridge Park. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 3 to the contract with Burschville Construction, Inc., for Project 97-546, Regatta 2nd Addition Utility and Street Improvements, in the amount of an additional $10,775.36. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Valley Paving, Inc., for Project 98-550, 1998 Street Maintenance Program, in the amount of an additional $12,273.26. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Inland Utility Construction, Inc., for Project 98-801, Cedar Isle Village Homes 2nd Addition Utility and Street Improvements, in the amount of an additional $14,268.11. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving various change orders for the Apple Valley Community Center Gym Addition/Teen Center Building Project, in the total amount of an additional $4,089.00, as listed in the Construction Manager’s letter dated February 5, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving ALF Ambulance’s 1998 Annual Report. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Agreement with Cording- Natwick-Hilbert Architects, Inc., for architectural services to complete the Downtown Municipal Government Complex at the southwest corner of 147th Street and Galaxie Avenue, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a revised rate structure for the Outdoor Family Aquatic Center by allowing a discount for purchasing up to four resident punch cards at one time, as described in the Park and Recreation Director’s memo dated February 1, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving contracting with Spectrum Therapy Centers to conduct a job site ergonomic analysis of approximately 30 work CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 5 stations as described in the Human Resources Manager’s memo dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Addendum to the 1999 Pay Plan adding a Class A-1 for a Pool Monitor seasonal position as described in the Human Resources Manager’s memo dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving the 1999-2000 Patrol Officers Labor Union Contract with LELS, as described in the Human Resources Manager’s memo dated February 11, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving promotions of Craig Anglin and Merle Lohse to the positions of Police Captain as listed in the Personnel Report dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Jay Bohan for the full-time position of Fire Department Administrative Officer as listed in the Personnel Report dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, se conded by Sterling, approving promotion of Barry Rogers to the full-time position of Community Service Officer as listed in the Personnel Report dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Benny Svien for the full-time position of Building Inspector as listed in the Personnel Report dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated February 11, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring Tommie Booth and Michael Thelen for the full-time positions of Police Officer as listed in the Personnel Report Addendum dated February 11, 1999. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA EMPLOYEE INTRODUCTIONS Mr. Johnson introduced Karleen Holmstrom, Clerk-Typist at Apple Valley Community Center; and Bill Bird, Recreation Specialist; new employees in the Park and Recreation Department. Mr. Bird will be in charge of the Apple Valley Teen Center opening February 12, 1999. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 6 Police Chief Erickson introduced Craig Anglin and Merle Lohse, who were both promoted to Police Captain positions. They all thanked the Council for their promotions and for giving them the opportunities to advance in their careers. Mayor Hamann-Roland presented them with an award, received at the Dakota Electric Association’s Partners in Progress program, which can be displayed at the Police Department. PROJECT 99-811 PUBLIC HEARING Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider Project 99- 811, Pahl’s Garden Lots Utility and Street Improvements (Haight Apartments), and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated January 7, 1999. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. Resolution No. 1999-31 MOTION: of Erickson, seconded by Grendahl, adopting ordering installation of Project 99-811, Pahl’s Garden Lots Utility and Street Improvements (Haight Apartments). Ayes - 4 - Nays - 0. SALE OF BUILDING AT 14690 GALAXIE AVENUE Mr. Miranowski reviewed his memo, dated February 8, 1999, concerning a Purchase Agreement for sale of the building located on Lot 1, Block 1, and Lot 1, Block 2, Fischer Market Place. The southern portion of the former Apple Valley Business Center building must be removed in order to construct 147th Street east of Galaxie Avenue. He described the portion of the building to remain which will result in a setback of 18 feet 8 inches, at its closest point, from new 147th Street. Mike Supina, Project Architect for Amcon, who will be remodeling the building, reviewed sketches of the building and the redesigned exterior. Councilmember Sterling asked if the setback will allow enough space for sidewalk along 147th Street? Mr. Miranowski said there will be an eight-foot sidewalk and an eight-foot boulevard area. The setback discussed is from the property line not the curb line of the street. MOTION: of Erickson, seconded by Sterling, approving the Purchase Agreement with Fischer Market Place, LLP, for sale of Lot 1, Block 1, and Lot 1, Block 2, Fischer Market Place, as attached to the Public Works Director’s memo dated February 8, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. TOBACCO LICENSING ORDINANCE Police Chief Erickson gave the first reading of a new ordinance licensing and regulating tobacco, tobacco products, and tobacco related devices as described in his memo dated February 8, 1999. The proposed ordinance would amend Chapter 12 of the City Code and comply with new CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 7 statewide minimum standards which provide that any cities or townships without a local ordinance will come under jurisdiction of a county government ordinance. It will prohibit sales by vending machines; prohibit self-service sales unless tobacco products make up 90 percent of a licensee’s annual sales volume; and require annual unannounced compliance checks. Councilmember Grendahl asked if removal of vending machines is an issue for licensees? Police Chief Erickson said only two locations in the City have machines now and they have both indicated they will be able to comply with the ordinance. The Council accepted the first reading; the second reading will be scheduled for February 25, 1999. REVISED BUILDING CODE ORDINANCE Mr. Hanson gave the first reading of a proposed ordinance amending Chapter 6 of the City Code by adopting the revised edition of the State Building Code as attached to his memo dated February 3, 1999. He noted that Chapters 1340, Facilities for the Handicapped, and 7670, Minnesota Energy Code, are still being considered for revision by the State and will probably be brought back for adoption later in the year. The ordinance also revises Section 1-23 permit fees in accordance with the new State fee schedule. The Council accepted the first reading; the second reading will be scheduled for February 25, 1999. MLC MEETING Mr. Gretz reported on the Municipal Legislative Commission meeting that he and Councilmember Goodwin attended. The issues of sales tax, levy limits and fiscal disparities were discussed. They will continue to keep the Council apprised of legislative issues. CITY ADMINISTRATOR RECRUITMENT PROCESS Mr. Gretz gave a status report on the Administrator hiring process. The advertisement will be published in the ICMA Journal February 15th. In March, a representative of PDI will be meeting with the Council individually to determine what type of administrator would be best for the City at this stage of development. COMMUNICATIONS & CALENDAR The Council received a memo dated February 8, 1999, with a calendar listing upcoming events. Councilmember Grendahl noted that Councilmember Goodwin was absent tonight due illness. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated January 20, 1999, in the amount of $6,880,044.49; January 27, 1999, in the CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1999 Page 8 amount of $759,590.75; February 3, 1999, in the amount of $3,661,483.86; and February 10, 1999, in the amount of $1,122,124.27. Ayes - 4 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Sheldon announced that the City Council would now hold a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss pending litigation related to McDonald Construction and Williams Pipe Line Company matters. The meeting was closed at 8:42 p.m. and the Council convened in the Conference Room, at 8:50 p.m., along with City Attorney Sheldon, City Attorney Dougherty, City Administrator Gretz, City Clerk Mueller, and Community Development Director Kelley. Mr. Sheldon advised the Council that its discussion must be limited the litigation items and if the issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 9:26 p.m. MOTION: of Sterling, seconded by Grendahl , to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:27 o’clock p.m.