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HomeMy WebLinkAbout08/12/1999CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 12th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Ro land; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Police Chief Erickson, Park & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, Intern Pederson, Recreation Specialist Samson, and Recreation Supervisor Wagner. 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 Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, moving cons ideration of a variance for an addition to the Tutor Time building to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of July 22nd, 1999, as written. Ayes - 5 - Nays - 0. Resolution No. 1999-163 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, a donation of $750.00 from McDonald’s toward sponsorship of 4th of July activities. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Page 2 Resolution No. 1999-164 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, a donation of $155.00 from Apple Valley American Legion Post 1776 toward sponsorship of 4th of July activities. Ayes - 5 - Nays - 0. Resolution No. 1999-165 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, a donation of $200.00 from Wanda Oland, of Rascals Apple Valley Bar & Grill, toward a Cairns IRIS thermal imaging system for the Fire Department. Ayes - 5 - Nays - 0. Resolution No. 1999-166 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, donation of a piece of weight training equipment from Dan Anderson, of Henry W. Anderson Mortuary, for use by the Police Department. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing activities in connection with the Ring-Around-The-Arts Festival, on September 18 and 19, 1999, as requested in the Recreation Supervisor’s memo dated July 23, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a new 1999 Tobacco Sales License to Applebee’s Neighborhood Bar & Grill, at 14678 Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a new 1999 Filling Station License to Apple Valley Rental for propane dispensing, at 7661 West 146th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion Post 1776, for use on September 18, 1999, at Fire Station No. 1. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving designation of Randy L. Jernberg as operating officer for Famous Dave’s BBQ Shack, in connection with its On-Sale Wine and Beer Licenses, as described in the City Clerk’s memo dated August 9, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing payment of the first half of 1999 property taxes to the Minnesota Valley Transit Authority, in the amount of $582,479.00, as described in the Finance Director’s memo dated August 9, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction of a garage addition to within two feet of the south side lot line on CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Page 3 Lot 7, Block 2, Apple Valley 6th Addition (837 Greening Drive), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving acquisition of an easement for Project 98-825, Diamond Path Construction South of County Road 42, from Nordic Square Limited Partnership and authorizing payment of $272,000.00 as described in the City Attorney’s memo dated August 2, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-167 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary feasibility report for Project 99-100, Cedar Homes 1st Addition Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on September 9, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-168 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 99-100, Cedar Homes 1st Addition Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 1999-169 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary feasibility report for Project 99-107, Central Sanitary Sewer Trunk Extension for Pahl’s Garden Lots, and setting a public hearing on it, at 8:00 p.m., on September 9, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-170 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 99-107, Central Sanitary Sewer Trunk Extension for Pahl’s Garden Lots. Ayes - 5 - Nays - 0. Resolution No. 1999-171 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary feasibility report for Project 99-112, Dakota County Lebanon Hills Regional Park Campground Water Services, and setting a public hearing on it, at 8:00 p.m., on September 9, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-172 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 99-112, Lebanon Hills Regional Park Campground Water Service. Ayes - 5 - Nays - 0. Resolution No. 1999-173 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary feasibility report for Project 99-113, Storm Sewer for Cedar Knolls Apartments at 123rd Street and Germane, and setting a public hearing on it, at 8:00 p.m., on September 9, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-174 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 99-113, Storm CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Page 4 Sewer for Cedar Knolls Apartments at 123rd Street and Germane. Ayes - 5 - Nays - 0. Resolution No. 1999-175 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary feasibility report for Project 99-114, Fraser Services Building Trunk Utilities, and setting a public hearing on it, at 8:00 p.m., on September 9, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-176 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Project 99-110. Well No. 16 Upgrading, and authorizing advertising for bids to be received, at 2:00 p.m. on September 2, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-177 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Picnic Shelters at Johnny Cake Ridge (East), Redwood, Valleywood, and Alimagnet Parks, and authorizing advertising for bids to be received, at 2:00 p.m. on September 1, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-178 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Hockey Rinks and Lighting at Johnny Cake Ridge Park (West), and authorizing advertising for bids to be received, at 2:00 p.m. on September 1, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting the contract with Midwest Asphal t, for Apple Valley Community Center Gym/Teen Center Building, as final and authorizing final payment in the amount of $148.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Briar Knoll, from $6,087.00 to $500.00; Palomino Cliffs 2nd Addition, from $125,000.00 to $78,500.00; Cedar Isle Estates 5th Addition, from $9,275.00 to $800.00; and Regatta 2nd Addition, from $519,500.00 to $422,425.00. Ayes - 5 - Nays - 0. MOTION: of S terling, seconded by Grendahl, approving a Contract for Seal Coating Central Maintenance Facility Parking Lot with Eliot Manufacturing, Inc., as attached to the Assistant Public Works Director’s memo dated August 12, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Contracts for Use of Fire Safety House with the City of Rosemount for fire prevention activities on October 5 through 7, 1999, as attached to the Fire Chief’s memo dated August 6, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Page 5 MOTION: of Sterling, seconded by Grendahl, approving Signal Maintenance Agreement No. 99-02 with Dakota County, for signals on 140th Street at Flagstaff Avenue and Johnny Cake Ridge Road, as attached to the Public Works Director’s memo dated August 9, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-179 MOTION: of Sterling, seconded by Grendahl, adopting requesting the Minnesota Department of Transportation to conduct a speed limit study on Garden View Drive between Walnut Lane (north of Westview School) and Palomino Drive. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving promotion of Thomas Lovelace to the position of City Planner as listed in the Personnel Report dated August 12, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving promotion of Jeff Reiten to the position of Working Foreman Fleet Maintenance as listed in the Personnel Report dated August 12, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated August 12th, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA TUTOR TIME BUILDING ADDITION VARIANCE Mr. Kelley reviewed the Planning Commission recommendation on a setback variance for an addition to the west side of Tutor Time Daycare building. A gas pipeline easement along the east property line limits expansion in that direction. The variance would place the foundation 16 feet from the property line and 23 feet from the curb line of Glenda Drive. Mark Ceminsky, 14625 Hallmark Drive, said the need for after school child care in the community was mentioned as a hardship in the variance request and he does not believe that should be a consideration. Mr. Kelley said that issue was mentioned to the Planning Commission, but it did not consider it as the basis for approval. The physical limitations of the property, due to the shallow depth of the pipeline and its easement, were considered. MOTION: of Sterling, seconded by Grendahl, granting a setback variance for Tutor Time Daycare to allow construction of a building addition to within 16 feet of the front lot line on Lot 4, Block 1, Bor-Nel; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Page 6 COUNCIL AWARDS OF MERIT Mr. Johnson reviewed the actions of lifeguard staff at the Outdoor Aquatic Center, in two different incidents, on July 7th and 10th, 1999, when two children were saved from drowning. Four of the lifeguards were recommended for special recognition but he commended other employees involved for their assistance as well. The Mayor presented certificates of the “Council Award of Merit” to Britta Youngren, Courtney Fadness, Julie Leno, and Kyle Krivoruchka who were responsible for the life saving responses in those incidents. The Council expressed appreciation to all of them for their outstanding service. PROJECT 98-553, BIRGER POND OUTLET Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., to consider Project 98- 553, Birger Pond Outlet, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed his memo, dated August 9, 1999, describing the project by the City of Rosemount north of 135th Street and east of Diamond Path. A joint powers agreement, outlining each city’s share of the project will be prepared. Action on ordering the improvement will be scheduled when the agreement is received. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:22 p.m. CORRINE TRUE SERVICE AWARD Mr. Gretz read a letter describing the “Corrine True Service Award” which was presented to Mayor Hamann-Roland on August 5, 1999, by members of the Baha’i Faith in Dakota County. The Council congratulated her on receiving the award. COMMUNICATIONS & CALENDAR The Council received a memo dated August 9, 1999, with a calendar listing upcoming events. Councilmember Grendahl thanked Police Chief Erickson and Crime Prevention Specialist Bogner for organizing “National Night Out” activities on August 3, 1999. The Council expressed appreciation for the activities and also thanked citizens who hosted events. Councilmember Erickson said he talked with an employee of the Teen Center who expressed concern that the facility is under-utilized. He noted that additional efforts may be needed to promote interest. Councilmember Goodwin congratulated Mike Cook, reporter for the Sun-Current Newspaper, on his new position at Channel 4000 and thanked him for his reporting of City news for the past several years. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 1999 Page 7 CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated July 28, 1999, in the amount of $4,390,239.78; August 4, 1999, in the amount of $922,074.97; and August 11, 1999, in the amount of $6,143,285.87. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss pending litigation. The only items to be discussed involve tax increment financing district closeout and the status of Williams Pipe Line Company litigation. MOTION: of Goodwin, seconded by Sterling, to close the regular meeting and convene in closed session, under attorney-client privilege, to discuss tax increment financing district closeout and Williams Pipe Line Company litigation matters. Ayes - 5 - Nays - 0. The meeting was closed at 8:30 p.m. and the Council convened in the Conference Room; along with Bond Counsel O’Meara, City Attorney Dougherty, City Administrator Gretz, City Clerk Mueller, and Finance Director Ballenger. Mr. Dougherty advised the Council that its discussion must be limited to the stated items and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 8:48 p.m. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:49 o’clock p.m.