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.