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HomeMy WebLinkAbout08/26/1999CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 26th, 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 Wrase, Assistant Planner Bodmer, Fire Chief Calvin, Police Chief Erickson, Assistant to the Administrator Grawe, Park and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Planner Lovelace, Human Resources Manager Margarit, 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 led by members of Boy Scout Troop No. 205. 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 Grendahl, seconded by Goodwin, moving consideration of a request for wrestling mat/hoist funding to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the meeting of August 12th, 1999, as written. Ayes - 5 - Nays - 0. Resolution No. 1999-180 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, donations of money and supplies from various businesses toward sponsorship of the 1999 Safety Camp program. Ayes - 5 - Nays - 0. Resolution No. 1999-181 MOTION: of Grendahl, seconded by Goodwin, adopting requesting and authorizing the Dakota County Housing and Redevelopment CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 2 Authority to create a tax increment financing district and plan for assisting Agape Living to construct up to 108 units of rental apartments, for senior housing, on the southeast corner of 140th Street and Pennock Avenue in Pennock Place 3rd Addition. Ayes - 5 - Nays - 0. MOTION: o f Grendahl, seconded by Goodwin, granting a setback variance to allow Shepherd of the Valley Lutheran Church to construct a parking lot to within 10 feet of the lot lines along County Road 38 and Eveleth Path on Lot 1, Block 2, Pinecrest 3rd Addition; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-182 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing utilization of an Alternative Urban Areawide Review (AUAR) process for environmental review of the Genstar/Seed mixed use property development south of County Road 42 at Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. Resolution No. 1999-183 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat of Tousignant’s Prairie Crossing Replat, correcting lot lines of Lots 75 and 75, Block 5; and waiving any requirement for a subdivision agreement. Ayes - 5 - Nays - 0. Resolution No. 1999-184 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Project 99-104, 152nd Street Construction Between Garrett and Galaxie Avenues, to Northwest Asphalt, the low bidder, in the amount of $193,475.40. Ayes - 5 - Nays - 0. Resolution No. 1999-185 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Project 98-825, Diamond Path Construction Between County Road 42 and 46, to Enebak Construction, the low bidder, in the amount of $1,312,030.64. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving various change orders to contracts for Project 97-542, Outdoor Aquatic Center, as listed in the Construction Manager’s letter dated August 18, 1999, in the net additional amount of $6,103.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving various change orders to contracts for Apple Valley Community Center Gym Addition and Teen Center Building as listed in the Construction Manager’s letter dated August 18, 1999, in the net additional amount of $6,016.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting va rious contracts for Project 97- 542, Outdoor Aquatic Center, and for Apple Valley Community Center Gym/Teen CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 3 Center Building, as final and authorizing final payments as recommended in the Construction Manager’s letter dated August 17, 1999. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Tousignant’s Prairie Crossing, from $322,512.00 to $215,738.00; and Cedar Isle Village Homes 2nd Addition, from $86,650.00 to $53,044.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Construction Management, Engineering and Lease Agreement with Dakota Energy Alternatives, Inc., for Central Maintenance Facility generator connection, as attached to the Assistant Public Works Director’s memo dated August 26, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Specialized Sanitary Sewer Collection Services with Buchen Environmental Services, Inc., as attached to the Public Works Supervisor’s memo dated August 26, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Landscaping Around the Teen Center with Friedges Landscaping, Inc., as attached to the Park Maintenance Superintendent’s memo dated August 18, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, a pproving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated August 26th, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WRESTLING BOOSTER CLUB EQUIPMENT REQUEST The Council received the Park and Recreation Committee’s recommendation for funding the purchase of wrestling equipment to be installed at Valley Middle School. Councilmember Sterling questioned whether this is an expenditure the City can make? She expressed concern about a variety of groups making funding requests and said she would like a policy to use in considering them. Mr. Dougherty said his office has not had time to issue an opinion and there is also the question of to whom the funds will be paid. It would appear the School District should receive the funds, but it must be a willing recipient. Mike Garrison, of the Apple Valley Wrestling Booster Club, said they initiated the request in March and believes the policy was established years ago by the City’s joint participation with the School District in many areas. He commented on participation in the youth program, and said CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 4 Valley Middle School has offered space for the equipment. They are willing to accept the contingency in the Committee’s recommendation from its August 17, 1999, meeting. Jim Jackson, Apple Valley High School Wrestling Coach, was present and described why the youth program needs a mat hoist for safety reasons. Eastview High School is the only school that has a hoist and locating one at Valley Middle School will make it available for all of the City. Councilmember Goodwin said he thought a policy on funding such requests was going to be prepared earlier this year. Before a decision is made, he would also like the legal issues addressed; such as who can the money be given to, who will be responsible for the equipment, and what are the liability issues. Mr. Dougherty said the City has done many joint projects with the School District and, if a legal cooperative agreement, is needed that question can be answered rather quickly. Councilmember Grendahl said this request has been delayed for some time and could be handled before a policy is in place. MOTION: of Grendahl, seconded by Erickson, requesting the City Attorney to prepare an opinion, for the September 9, 1999, meeting; on the legal process for the City to provide funding to groups. Councilmember Goodwin asked that the opinion also address the question of whether another governmental entity has to obligate itself before the City acts on a request. Vote was take n on the motion. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, requesting the City Administrator to have a policy developed for use in considering future requests for funding by other groups and make a recommendation on such policy to the Council within 60 days. Ayes - 5 - Nays - 0. ADMINISTRATOR RETIREMENT Mayor Hamann-Roland recognized John Gretz, City Administrator, who is retiring after 29 years of employment with the City, and presented him with a “Key” to the City and a pewter engraved apple. The Council wished him well in his retirement and expressed their appreciation of him and how much he will be missed. Mr. Gretz thanked them and commented on the pleasure he had had in working with different Councils over the years. CABLE COMMISSION JOINT POWERS AGREEMENT Mr. Gretz reviewed the memo dated August 23, 1999, describing establishment of a Commission to serve as a cable and telecommunications advisory body for the Cities of Apple Valley, CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 5 Farmington and Rosemount. He noted credit for this agreement should be given to Mr. Grawe who worked with the other cities to draft it. The agreement is flexible and allows other cities to become members in the future. It provides for the cities to approve budgets and retain control of the activities. Both Farmington and Rosemount have approved the agreement Resolution No. 1999-186 MOTION: of Sterling, seconded by Erickson, adopting approving a Joint and Cooperative Agreement, with the Cities of Farmington and Rosemount, Establishing a Commission to serve as a Cable and Telecommunications Advisory Body for the administration of the Cable Communications System, Community Television Operations, and Telecommunications Activities and Issues; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. LEBANON CEMETERY IMPROVEMENTS Mr. Pederson reviewed details and cost estimates prepared for development of Lebanon Cemetery, as attached to the Public Works Director’s memo dated August 26, 1999. Improvements are planned in six phases to be implemented over a period of 30 years. Phase one will be done at this time and include grading, water service, storm sewer, fencing, a new entrance from County Road 42, and a circulation roadway. The undeveloped portion of the site will be seeded and kept mowed. Councilmember Goodwin asked whether waiting more than 20 years to build a mausoleum, scheduled for phase five, will be a problem? Mr. Miranowski said that is a very expensive part of the development and will depend on revenue. We will attempt to sell pre-need space, but construction will have to wait for funding. Councilmember Sterling asked when lots will be available. Mr. Miranowski said lots in the existing cemetery can be bought now. We expect to be able to offer sales in the expansion area next spring. MOTION: of Goodwin, seconded by Erickson, approving the development phasing plan and cost estimates for Lebanon Cemetery development, as attached to the Public Works Director’s memo dated August 26, 1999. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, authorizing the expenditure of $416,000.00, from bond proceeds, and $26,250.00, from the Cemetery Fund, for phase one of the cemetery plan estimated at $437,660.00; as described in the Public Works Director’s memo dated August 26, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Cemetery Planning Services with Sanders Wacker Bergly, Inc., as attached to the Public Works Director’s memo dated August 12, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 6 WAL-MART CONDITIONAL USE PERMIT Mr. Lovelace reviewed the report on an application by Wal-Mart for a conditional use permit to allow six storage containers in its loading area from September 15 through December 31 annually. The request was tabled at the May 27, 1999, Council meeting to examine the feasibility of installing a gate along the entrance from 147th Street. They propose to install a cedar-faced rolling gate/fence, 12 feet high and 75 feet long, at the opening. Resolution No. 1999-187 MOTION: of Erickson, seconded by Goodwin, adopting approving a Conditional Use Permit for temporary placement of six storage trailers by Wal- Mart in its loading area, from September 15 to December 31 annually, on Lot 1, Block 1, Wal-Mart’s First Addition; with conditions as recommended by the Planning Commission and installation of a rolling gate/fence at the entrance from 147th Street. Councilmember Sterling asked how the gate will be opened? Mr. Lovelace described its operation which will be activated by a vehicle entering a magnetic field in the driveway. Vehicles will have to wait while the gate opens and long trucks would extend into 147th Street while waiting. The gate can be opened by any vehicle driving into the entrance. Mayor Hamann-Roland said she believes a traffic analysis should be done before the gate is installed. She questioned whether some other type of physical barrier could be required if the gate is not feasible. Councilmember Erickson said Wal-Mart meets ordinance requirements without a gate and would not need further conditions. MOTION: of Erickson, seconded by Goodwin, amending the foregoing motion by making installation of the rolling gate/fence subject to Staff review of traffic analysis results on its potential impact on 147th Street. Mr. Dougherty clarified that the amendment means issuance of the conditional use permit will proceed whether or not a traffic study comes back and says the gate is an impairment. If the gate impairs traffic, it will not be required. Councilmember Goodwin asked how many trucks a day use the entrance? Sandy Lepexer, of Wal-Mart, was present and said there are about two or three semi trucks a day. Police Chief Erickson said that number would be a minimal hazard for traffic. Mr. Miranowski noted that if trucks entered the loading area eastbound from 147th Street, they would not present a problem. Vote was taken on the amendment. Ayes - 3 - Nays - 2 (Erickson and Grendahl). Vote wa s taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 7 EASTWOOD RIDGE SUBDIVISION Mr. Bodmer reviewed the Planning Commission recommendation on the proposed Eastwood Ridge, a 22-lot single family subdivision, located southwest of 132nd Street and Georgia Drive. Because the site is more than five acres in size, a Natural Resources Management Permit (NRMP) will also need to be approved by the Council. Bill Diedrich, the developer, was present and reviewed the layout of the lots. The houses will be custom built and they will attempt to save as many trees on the lots as possible. Councilmember Sterling asked if driveways on the curve of 132nd Street could include turn around areas? Mr. Diedrich said they could, but would require removal of more trees. Councilmember Erickson asked about the Forester’s approval of the tree protection plan. Mr. Kelley said the City has an ordinance in place to address tree protection. The Council will still have to approve an NRMP for subdivision grading and tree replacement. The permit would not limit the size of a house on the lot, but would limit earth moving activities. If it is determined that changes are needed to the permit, it could also be amended. Resolution No. 1999-188 MOTION: of Grendahl, seconded by Erickson, adopting approving the 22-lot single family residential preliminary plat of Eastwood Ridge with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, granting variances to allow construct ion of homes set back up to 20 feet from the front lot lines on Lots 5, 6, 10, 11, 13, 14, and 22 of Eastwood Ridge as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-189 MOTION: of Grendahl, seconded by Erickson, adopting setting a public hearing, at 8:00 p.m., on September 23, 1999, to consider vacating an unused driveway approach to 132nd Street on property being platted as Eastwood Ridge. Ayes - 5 - Nays - 0. Resolution No. 1999-190 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-109, Eastwood Ridge Utility and Street Improvements. Ayes - 5 - Nays - 0. FIRE CHIEF’S RESIGNATION Mr. Gretz read a memo dated August 24, 1999, from Fire Chief Marv Calvin advising the Council that he will be resigning his position effective October 25, 1999. As provided in the City Code, Deputy Chief Wassmund will assume the position of Fire Chief for the remainder of the term. The Mayor and Council thanked him for his work with the City and wished him well. CITY OF APPLE VALLEY Dakota County, Minnesota August 26, 1999 Page 8 COMMUNICATIONS & CALENDAR The Council received a memo dated August 9, 1999, with a calendar listing upcoming events. Mayor Hamann-Roland noted that dedication of the stadium at Apple Valley High School will be held August 29, 1999, at 1:00 p.m. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated August 18, 1999, in the amount of $1,130,871.57; and August 25, 1999, in the amount of $9,611,308.72. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:55 o’clock p.m.