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HomeMy WebLinkAbout07/08/1999CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 8th, 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 Hills, City Engineer Gordon, Police Chief Erickson, Assistant to the City Administrator Grawe, Park & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Planning Intern Milton, Public Works Director Miranowski, and Intern Pederson. 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 Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. NSP COMMUNITY RELATIONS MANAGER Colette Jurek, Northern States Power Company Manager of Community and Local Government Relations for the Southeast Metro Area, was present to introduce herself. She will be the contact for any City issues or questions on their services. 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. Patrick Garofalo, 15855 Granada Avenue, said, on July 2, 1999, he saw the Mayor and her daughter demand and receive admission to the Aquatic Center without paying. He asked for a response. The Mayor said she had purchased four punch cards, for admission to the Center, for $100.00 and could produce a copy of the check. He said he observed her being admitted without having a card punched and this was confirmed by employees. Mr. Gretz said the matter will be investigated and a report brought back. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1999 Page 2 MOTION: of Grendahl, seconded by Sterling, approving the minutes of the meeting of June 24th, 1999, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Grendahl, seconded by Sterling, proclaiming July 10, 1999, to be “Jump for Children Day” in support of the Stand for Children organization’s violence prevention campaign. Ayes - 5 - Nays - 0. Resolution No. 1999-134 MOTION: of Grendahl, seconded by Sterling, adopting proclaiming August 3, 1999, to be “16th Annual National Night Out” in support of police-community crime and drug prevention efforts. Ayes - 5 - Nays - 0. Resolution No. 1999-135 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $2,500.00 from Apple Valley American Legion Post 1776 toward sponsorship of Park and Recreation Department Safety Camp programs. Ayes - 5 - Nays - 0. Resolution No. 1999-136 MOTION: of Grendahl, seconded by Sterling, adopting approving an application from Eagan Citizens Crime Prevention Association for a Lawful Gambling Exempt Permit, LG220, for an event on September 10, 1999, at Valleywood Golf Course, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. Resolution No. 1999-137 MOTION: of Grendahl, seconded by Sterling, adopting approving an application from Apple Valley Firefighters’ Relief Association for a Lawful Gambling Exempt Permit, LG220, for an event on September 18, 1999, at Fire Station No. 1, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. Resolution No. 1999-138 MOTION: of Grendahl, seconded by Sterling, adopting approving participation in the “Safe & Sober Communities” program during the period October 1, 1999, through September 30, 2000; and authorizing the Police Chief to execute necessary documents to implement the project. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving a resolution of the Apple Valley Firefighters’ Relief Association certifying its year 2000 financial requirements, for tax levy, in the amount of $128,542.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, appointing Jo Colleran as the City’s delegate to select Commissioners for the Group AAA Cities of the Vermillion River Water Management Commission as recommended in the Public Works Director’s memo dated July 8, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1999 Page 3 MOTION: of Grendahl, seconded by Sterling, approving a special permit for placement of a 12-foot by 60-foot trailer, for temporary office use, by Wirsbo Company, at 5925 West 148th Street for up to one year as described in the Assistant Planner’s memo dated July 6, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-139 MOTION: of Grendahl, seconded by Sterling, adopting approving the final plat and Subdivision Agreement for Pinecrest 3rd Addition (Shepherd of the Valley Lutheran Church) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-140 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 98-803, Eveleth Path Construction at County Road 38 and Shepherd of the Valley Lutheran Church, to K. A. Witt Construction, Inc., the low bidder, in the amount of $85,537.63. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction o f subdivision financial guarantees for: Wyndemere 3rd Addition, from $875.00 to 0; Wyndemere 4th Addition, from $2,200.00 to $1,400.00; and Cedar Isle Estates 6th Addition, from $36,550.00 to $14,175.00. Ayes - 5 - Nays - 0. Resolution No. 1999-141 MOTION: of Grendahl, seconded by Sterling, adopting approving plans and specifications for Project 98-825, Diamond Path Construction Between County Road 42 and County Road 46, and authorizing advertising for bids to be received, at 2:00 p.m. on August 5, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-142 MOTION: of Grendahl, seconded by Sterling, adopting awarding the purchase of a Trailer-Mounted Standby Generator for the Public Works Department to Ziegler Power System, the low bidder, in the amount of $31,982.00. Ayes - 5 - Nays - 0. Resolution No. 1999-143 MOTION: of Grendahl, seconded by Sterling, adopting awarding the purchase of a Standby Generator and Installation for Fire Station No. 1 to Ziegler Power System, the low bidder, in the amount of $30,969.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a contract for Playground Landscaping with Jackson Landscaping Supply, Inc., for its low quotation in the amount of $15,749.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving an Amendment to the Joint Powers Agreement to Acquire a TSI Portacount for the Fire Department, adding the City CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1999 Page 4 of Farmington, along with the Cities of Eagan and Rosemount, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Min-Kota Building Systems, for Park Shelter Building Repairs, in the amount of an additional $5,160.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 4 to the contract with Burschville Construction, Inc., for Project 97-546, Regatta 2nd Addition Utility and Street Improvements, in the amount of an additional $8,525.00. Ayes - 5 - Nays - 0. Resolution No. 1999-144 MOTION: of Grendahl, seconded by Sterling, adopting prohibiting parking on both sides of County Road 46 between County Road 31 (Pilot Knob Road) and the east City limits. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, receiving the Risk Management Plan, prepared as required by the Environmental Protection Agency, for Chlorine at the Water Treatment Plant as attached to the Public Works Supervisor’s memo dated June 24, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving promotion of Dean Jacobson to the position of Public Works Supervisor Fleet Maintenance/Building as listed in the Personnel Report dated July 8, 1999. Ayes - 5 - 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 July 8th, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA BIRGER POND ELEVATION CONTROL Mayor Hamann-Roland called the public hearing to order, at 8:09 p.m., to consider Birger Pond water elevation and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the proposed joint project, with the City of Rosemount, to construct an outlet for the pond located northeast of Upper 135th Street and Diamond Path. The present water level is at 901.0 feet with the normal level at 895.9 feet. The control level proposed is 892.0 or about nine feet lower than its current level. The public hearing is required to establish the elevation since the pond is a Department of Natural Resources protected body of water. A future hearing will be needed to order the City’s portion of the project. CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1999 Page 5 The Mayor asked for questions or comments from the Council and the public. Councilmember Goodwin asked where the water will go? Mr. Gordon said a lift station will be constructed to a force main along Diamond Path, running south to County Road 42. From there it will go east, into Rosemount’s storm sewer system. There were no other questions or comments and the hearing was declared closed at 8:13 p.m. APPLEBEE’S ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider issuance of an On-Sale and Special License for Sunday Liquor Sales for Applebee’s Neighborhood Grill & Bar and noted receipt of the affidavit of publication of the hearing notice. The license is for a new restaurant under construction in Cedar Marketplace, at 14678 Cedar Avenue. The business is anticipated to open August 8, 1999. Darryl Cheney, Manager of the restaurant, was present to answer questions. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:15 p.m. Resolution No. 1999-145 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of licenses for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales to Apple American Limited Partnership of Minnesota, d/b/a Applebee’s Neighborhood Grill & Bar, on premises located at 14678 Cedar Avenue, for 1999. Ayes - 5 - Nays - 0. NORTHERN NATURAL GAS PUMPING STATION EXPANSION Ms. Milton reviewed the Planning Commission recommendation on the application of Northern Natural Gas Company for expansion of its pumping station at 8125 West 150th Street. The current building is 18 by 7 1/2 feet and will be replaced by a building 20 by 28 feet in size. In order to meet growing demand for natural gas, pumping capacity must be increased which requires the larger building. MOTION: of Erickson, seconded by Grendahl, granting a waiver from the requirement to plat the property at 8125 West 150th Street and allow construction on the existing unplatted parcel by Northern Natural Gas Company. Ayes - 5 - Nays - 0. Resolution No. 1999-146 MOTION: of Grendahl, seconded by Erickson, adopting granting a setback variance, at 8125 West 150th Street, to allow construction by Northern Natural Gas Company to within five feet of the north property line, approving the site plan, and authorizing issuance of a building permit, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CEDAR HOMES FIRST ADDITION CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1999 Page 6 Mr. Lovelace reviewed the Planning Commission report on a proposed plat of Cedar Homes First Addition, a 112-unit rental apartment complex, located at the northwest corner of Palomino Drive and Germane Avenue. The required Comprehensive Plan redesignation was included with the Plan update already submitted to the Metropolitan Council. Rezoning, from RB and M-6C to M- 7C, will also be needed after the Comprehensive Plan amendment is approved. Any approvals are subject to final approval of the Comprehensive Plan and rezoning. Wally Johnson, of Dominium Acquisitions, the developer, was present to answer questions. The site will be developed with eight buildings containing one, two and three bedroom units. The units will rent in the range of $950 to $1,600 per month. Resolution No. 1999-147 MOTION: of Erickson, seconded by Goodwin, adopting approving the preliminary plat of Cedar Homes First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-148 MOTION: of Sterling, seconded by Grendahl, adopting approving the site plan, granting a setback variance between the two west central buildings, and authorizing issuance of building permits for Cedar Highlands Apartments in the plat of Cedar Homes First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-149 MOTION: of Goodwin, seconded by Sterling, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-100, Cedar Homes First Addition Improvements. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated July 6, 1999, with a calendar listing upcoming events. The Council thanked the Park and Recreation Department Staff and Pat Schesso for their work on the 4th of July celebration and parade. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated June 30, 1999, in the amount of $1,168,005.53; and July 7, 1999, in the amount of $1,441,727.54. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:38 o’clock p.m.