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HomeMy WebLinkAbout11/23/1999CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 23rd, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Recreation Specialist Bird, Assistant Planner Bodmer, Police Chief Erickson, Assistant to the Administrator Grawe, Assistant Public Works Director Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Assistant Planner Milton, and Public Works Director Miranowski. 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 4th grade members of Scout Pack 206. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Sterli ng, 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, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of November 9th, 1999, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the 1999-2000 D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196, as attached to the Police Chief’s memo dated November 18, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Joint Powers Agreement establishing the Dakota County Drug Task Force for 2000, as attached to the CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1999 Page 2 Police Captain’s memo dated November 18, 1999, and corrected by the Assistant County Attorney’s memo dated November 22, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1999-259 MOTION: of Sterling, seconded by Grendahl, adopting transferring and conveying property held by the South Metro Drug Task Force to the Dakota County Drug Task Force. Ayes - 5 - Nays - 0. Resolution No. 1999-260 MOTION: of Sterling, seconded by Grendahl, adopting amending City election precinct boundaries by separating the portion of Precinct 12 lying south of County Road 42 and establishing it as new Precinct 14 with a polling place at Kingston Green Apartment Clubhouse, 15600 Galaxie Avenue. Ayes - 5 - Nays - 0. Resolution No. 1999-261 MOTION: of Sterling, sec onded by Grendahl, adopting approving filing of Special Assessment Divisions No.: 22730, Tousignant’s Prairie Crossing; 22697, Pahl’s Garden Lots; 22788, Tousignant’s Prairie Crossing; 22810, Valley Business Park; 22840, Tousignant’s Prairie Crossing; and 22831, Pinecrest 3rd Addition. Ayes - 5 - Nays - 0. Resolution No. 1999-262 MOTION: of Sterling, seconded by Grendahl, adopting authorizing distribution of an Alternative Urban Areawide Review (AUAR), for publication by the Minnesota Environmental Quality Board, for proposed development of the Genstar/Seed Trust Property. Ayes - 5 - Nays - 0. Resolution No. 1999-263 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 21, 1999, to consider vacating easements on Lots 1 and 2, Block 1, Cedar Knolls Commercial; and Lot 1, Block 1, and Apple Valley Family Housing Development; being replatted as Cedar Homes 1st Addition. Ayes - 5 - Nays - 0. Resolution No. 1999-264 MOTION: of Sterling, seconded by Grendahl , adopting declaring a 1982 Ford Fire Truck as surplus property and authorizing advertising for receipt of bids to sell the same, at 2:00 p.m., on December 15, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-265 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 99-111, Deep Well No. 16 Pumping Facility, to Municipal Builders, Inc., the low bidder, in the amount of $175,648.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, appro ving Change Order No. 1 to the contract with C. M. Construction Co., for Park Shelter Improvements, in the amount of an additional $16,817.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1999 Page 3 MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Nadeau Utilities, Inc., for Johnny Cake Ridge Park Hockey Rinks, in the amount of an additional $539.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Mid-Metro Construction, for Backstop Replacement at Johnny Cake Ridge Park, in the amount of an additional $5,985.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of the subdivision financial guarantee for Fischer Market Place, from $5,219,843.00 to $4,925,400.00. Ayes - 5 - Nays - 0. Resolution No. 1999-266 MOTION: of Sterling, seconded by Grendahl, adopting concurring with the designation of County Road 11 as part of the Dakota County State Aid System. Ayes - 5 - Nays - 0. Resolution No. 1999-267 MOTION: of Sterling , seconded by Grendahl, adopting requesting Dakota County to conduct a traffic study to determine the feasibility of traffic signals at the intersections of Harmony Way and Harwell Avenue with County Road 46. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewing the Agreement with DCA for Flexible Spending Account Administrative Services for 2000, as attached to the Human Resources Manager’s memo dated November 23, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving promotion of Neal Heuer to the position of Acting Public Works Director, as listed in the Personnel Report dated November 23, 1999. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving promotion of Linda Mullen to the position of Utilities Working Foreman, as listed in the Personnel Report dated November 23, 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 November 23, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA OPTIMIST CLUB DONATIONS CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1999 Page 4 Mr. Johnson thanked the Optimist Club for its help in providing items to equip the new Teen Center and get it up and running. Lynn Hughes, Barb Morgan, and Pen Curry were present representing the Club. Mr. Bird described the items donated or purchased with funds provided by the Club, including television sets, speakers, tape deck, Sega and Nintendo games, movie videos, air hockey table and foosball tables. Brad Eller, Supervisor at the Teen Center, and Miles Eliason, a teen, were also present ant expressed appreciation for the support. Mayor Hamann- Roland thanked all who supported the project and noted Keith Sterling and Councilmember Sterling were also very instrumental in working to obtain items for the Center. Resolution No. 1999-268 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the total donation of $3,840.48 from the Optimist Club toward the purchase of various pieces of equipment for the Apple Valley Teen Center. Ayes - 5 - Nays - 0. SAFE-N-SOUND SELF STORAGE FACILITY Ms. Milton reviewed the Planning Commission recommendation concerning a building permit for the second phase of a self-storage facility at the southwest corner of 148th Street and Everest Avenue. The project involves construction of three buildings, totaling 22,508 square feet, on an existing lot. Resolution No. 1999-269 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit to Safe-N-Sound Self Storage for three buildings on Lot 4, Block 1, North Star Industrial Park 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. JO ANN ETC. SIGN VARIANCE Ms. Bodmer reviewed the Planning Commission recommendation to deny a sign variance requested by a new JoAnn Etc. store in Apple Valley Square Shopping Center. The City’s sign code allows up to a 500 square-foot sign for a 45,000 square-foot store. The initial application was for a 186 square-foot sign at the main entrance. Additional signage across the face of the building was requested which calculates to 1,164 square feet total. Councilmember Erickson said the request should comply with the ordinance. If the businesses cited in Jones Sign’s letter of November 8, 1999, are not in compliance with the ordinance, action should be taken so they are. Ms, Bodmer reviewed the examples cited (Wal-Mart and Party City) and said they are in compliance. MOTION: of Goodwin, seconded by Sterling, accepting the Planning Commission’s recommendation to deny a variance to allow 1,164 square feet of signage for the JoAnn Etc. store in Apple Valley Square Shopping Center. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1999 Page 5 GALAXIE CAR WASH SIGN Mr. Kelley reviewed the memo dated November 23, 1999, requesting authorization for Galaxie Car Wash to install a freestanding sign in the easement at the southeast corner of 145th Street and Galaxie Avenue. The 15-foot easement on this lot is unusual in that it is located 15 feet from the lot line. No variance is needed, but City approval is needed for construction within an easement. MOTION: of Sterling, seconded by Gre ndahl, approving installation of a sign in the 15-foot drainage and utility easement on Lot 1, Block 1, Highstone Apple Valley Addition; conditioned upon the property owner’s agreement to remove the sign, at no cost to the City, if necessary to repair or service utility lines located in the easement, as described in the Assistant Planner’s memo dated November 23, 1999. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE SPECIAL ASSESSMENTS Mr. Dougherty reviewed his memo dated November 23, 1999, concerning a supplemental assessment roll for Fischer Market Place. An error occurred in calculating Assessment Roll No. 463 and it should not be transmitted to Dakota County for inclusion with 2000 property taxes. A corrected roll will be prepared for consideration which will also require another public hearing. MOTION: of Sterling, seconded by Goodwin, directing Staff not to forward 1999 Special Assessment Roll No. 463, for Fischer Market Place, to Dakota County at this time, as recommended by the City Attorney. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 19, 1999, with a calendar listing upcoming events. Mayor Hamann-Roland thanked Pen Curry for her work with the Community Action Council. Ms. Curry thanked the City for its support and said she is leaving to return to school and continue her education. Mayor Hamann-Roland congratulated the School of Environmental Studies on receiving the designation of a “1999 New American High School”. She also thanked the Westview Elementary School teachers who invited City officials to speak to 3rd grade students on November 16, 1999. Mayor Hamann-Roland thanked everyone who participated in the City’s “14th Annual Holiday Lighting Ceremony” earlier this evening. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1999 Page 6 MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated November 10, 1999, in the amount of $643,576.58; November 17, 1999, in the amount of $3,430,529.43; and November 22, 1999, in the amount of $5,772,281.17. Ayes - 5 - Nays - 0. CLOSE MEETING FOR LABOR NEGOTIATION & ATTORNEY-CLIENT ISSUES Mr. Dougherty reviewed open meeting law exceptions which allow closed sessions for labor negotiations issues and discussion of pending litigation. The Council is asked to consider AFSCME issues and discuss litigation involving Williams Pipeline, Tutewohl condemnation, MacDonald Construction, and Piersa. MOTION: of Erickson, seconded by Grendahl, to close the meeting, under the provisions of M.S. 471.705, Subd. 1a and 1d, to consider AFSCME labor negotiations issues and pending litigation. Ayes - 5 - Nays - 0. The meeting was closed at 8:35 p.m. and the Council convened in the Conference Room, at 8:43 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, Park and Recreation Director Johnson, Human Resources Manager Margarit and Public Works Director Miranowski. Mr. Dougherty advised the Council that its discussion must be limited to labor negotiations and strategy and review of negotiation proposals. The proceedings were tape recorded, pursuant to law, until 9:25 p.m. At this time Mr. Johnson left and Police Chief Erickson attended. The closed session continued with discussion of litigation issues. Police Chief Erickson and Ms. Margarit left at 9:37 p.m. The Council reconvened in open session at 9:53 p.m. MOTION: of Grendahl, seconded by Hamann-Roland, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:54 o’clock p.m.