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HomeMy WebLinkAbout07/09/1998CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 9th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Counc ilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Community Development Director Kelley, Public Works Director Miranowski, Recycling Coordinator Werkmeister, and Police Chief Willow. Mayor Humphrey called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. 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 Grendah l, approving the minutes of the regular meeting of June 25th, 1998, as written. Ayes - 5 - Nays - 0. Resolution No. 1998-134 MOTION: of Sterling, seconded by Grendahl, adopting approving the Application for Gambling Exempt Permit - LG220 of Church of the Risen Savior for an event on September 20, 1998, at Apple Valley Sports Arena, 14452 Hayes Road; and waiving any waiting period for State Gambling Control Board approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a party permit, as provided by City Code Section 14.5-3(g)(1), to Jenni Rose, 1335 Easter Lane, Eagan; for a picnic at Alimagnet Park on July 12, 1998. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1998 Page 2 MOTION: of Sterling, seconded by Grendahl, receiving the Apple Valley Firefighters’ Relief Association resolution, dated June 24, 1998; certifying its 1999 financial requirements for tax levy in the amount of $122,557.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the Tourism Bureau Agreement with the Apple Valley Chamber of Commerce, through July of 2000, with annual funding not to exceed $28,000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-135 MOTION: of Sterling, seconded by Grendahl, adopting authorizing use of the City’s Traffic Signal Preemption System (TSPS) by the Metro Transit Police Department. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with the Department of Natural Resources for a $10,000.00 1997-99 Minnesota ReLeaf Community Forest Health Grant for oak wilt control and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-136 MOTION: of Sterling, seconded by Grendahl, adopting supporting the Dakota County Housing and Redevelopment Authority’s application to the Livable Communities Act Demonstration Account for funds to assist in the development of the Chasewood Townhomes project adjacent to the transit hub. Ayes - 5 - Nays - 0. MOTION: of Ste rling, seconded by Grendahl, authorizing participation in the Metropolitan Council’s Regional Fiscal Impact Analysis Study, at a cost not to exceed $10,000.00, as described in the Community Development Director’s memo dated July 6, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving 1998 renewal of the annual excavation permit for Fischer Sand & Aggregate, south of County Road 42 on property located in Sections 35 and 36, with conditions as listed in the Community Development Director’s memo dated July 6, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving temporary extended hours of operation for Fischer Sand & Aggregate on July 14, 1998, from 6:30 a.m. to 7:30 p.m.; in order to facilitate a resident tour, as described in the Community Development Director’s memo dated July 6, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-137 MOTION: of Sterling, seconded by Grendahl, adopting approving a Traffic Signal Agreement with the Minnesota Department of Transportation, Dakota County, and Burnsville for installation of signals for the I-35E CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1998 Page 3 entrance/exit ramps at their intersection with County Road 11 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 4 to the contract with CECA Utilities, Inc., for Project 97-530, Cedar Isle Estates 6th Addition Improvements, in the amount of an additional $2,969.15. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grenda hl, approving Change Order No. 2 to the contract with CECA Utilities, Inc., for Project 97-537, Wyndemere 5th Addition Improvements, in the amount of an additional $1,713.80. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 3 to the contract with Erickson Construction, Inc., for Project 97-545, Cedar Isle Village Homes Improvements, in the amount of a $52,097.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 2 to the contract with Kober Excavating, Inc., for Project 94-489, Diamond Path Townhomes 2nd Addition Improvements, in the amount of an additional $2,461.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Kober Excavating, Inc., for Project 97-526, Wyndemere 4th Addition Improvements, in the amount of an additional $9,584.55. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Woodwinds 1st, from $6,488 to $4,000; Woodwinds 2nd, from $3,735 to 0; Waterford Village Townhomes 2nd, from $103,281 to $84,375; Cedarwick, from $4,625 to 0; Cedar Isle Estates 6th, from $65,250 to $36,550; Wyndemere, from $8,841 to $5,450; Wyndemere 2nd, from $27,234 to $18,725; Wyndemere 4th, from $21,200 to $15,150; and Wyndemere 5th, from $21,150 to $16,500. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the contract with Midwest Professional Services for the Employee Assistance Program, for the period July 1, 1998, through December 31, 2000, as attached to the Human Resources Manager’s memo dated July 9, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees listed in the Personnel Report dated July 9, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1998 Page 4 PROJECT 98-534, STONEWOOD IMPROVEMENTS Mayor Humphrey called the public hearing to order, at 8:04 p.m., to consider Project 98-534, Stonewood 1st Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated June 2, 1998; describing proposed construction of sanitary sewer, water, storm sewer, street, and pathway improvements. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:07 p.m. Resolution No. 1998-138 MOTION: of Goodwin, seconded by Sterling, adopting ordering installation of Project 98-534, Stonewood 1st Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. Resolution No. 1998-139 MOTION: of Sterling, seconded by Erickson, adopting approving plans and specifications for Project 98-534, Stonewood 1st Addition Utility and Street Improvements, and authorizing advertising for bids to be received, at 10:00 a.m., on July 20, 1998. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE TAX INCREMENT FINANCING AMENDMENT Mayor Humphrey called the public hearing to order, at 8:08 p.m., to consider an amendment to the Tax Increment Financing Plan for District No. 13, including Fischer Market Place, and noted receipt of the affidavit of publication of the hearing notice. Jim O’Meara, the City’s Tax Increment Counsel, described the purpose of the hearing which is to provide more particular details in the plan. The details include describing the type of public improvements, on-site improvements, and County road costs for the development. The County road costs required by the County Board would be paid first. Approval of these amendments do not make a commitment to do any of these projects, that would still require signed agreements with the benefiting parties. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:12 p.m. Resolution No. 1998-140 MOTION: of Goodwin, seconded by Grendahl, adopting approving Amendments to the Master Development Program and the Tax Increment Financing Plan for Development District No. 13 to allow for Fischer Market Place improvements and stadium facilities at Apple Valley and Eastview High Schools. Ayes - 5 - Nays - 0. BUILDING CONDEMNATION AT 147TH & GALAXIE Mr. Sheldon reviewed the proposal to authorize condemnation proceedings to allow construction of 147th Street east of Galaxie Avenue in the Fischer Market Place development. Councilmember Goodwin asked what obligations such action would commit the City to? Mr. Sheldon said CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1998 Page 5 negotiations for acquisition would continue and the City could back off at any time. There is no commitment until money is actually deposited with the Court. Resolution No. 1998-141 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing the City Attorney to initiate eminent domain proceedings in connection with Project 95-501, Fischer Market Place Improvements/147th Street Extension east of Galaxie Avenue, to acquire Lot 3, Block 1, Apple Valley Business Center. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE PLANNED DEVELOPMENT AGREEMENT Mr. Kelley reviewed the Planned Development Agreement for Fischer Market Place which memorializes the planned development zoning established by Ordinance No. 646. As passed on May 28, 1998, the ordinance provides for three zones and establishes performance standards for each zone. MOTION: of Erickson, seconded by Sterling, approving the Planned Development Agreement for Fischer Market Place, incorporating the terms of Ordinance No. 646; Planned Development Designation No. 646; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CEDAR KNOLLS SITE PURCHASE OFFER Mr. Kelley reviewed his memo, dated July 6, 1998, concerning an offer from Dominium Acquisitions, LLC, to purchase Lot 1, Block 1, Apple Valley Family Housing Development, in the Cedar Knolls area. Wally Johnson, of Dominium, was present to comment on their intent to develop the site as a three-story apartment building with underground parking. They will also acquire Lot 2, Block 1, Cedar Knolls Commercial to be combined with the City’s lot. They have attempted to acquire the lot at the northwest corner of 127th Street and Germane Avenue, but have been unable to do so. There are easements for road access across this lot and a road will be constructed with the project. MOTION: of Goodwin, seconded by Sterling, approving the sale and Purchase Agreement with Dominium Acquisitions, LLC, for Lot 1, Block 1, Apple Valley Family Housing Development, at a price of $150,000.00, as attached to the Community Development Director’s memo dated July 6, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. 1997 AUDIT & MANAGEMENT REVIEW Dave Hinnenkamp, of Kern, DeWenter, Viere, Ltd.; the City’s auditor, was present to review the audited financial statements, for the year ended December 31, 1997, and management letter with the Council. He reviewed various funds and compared historical and current year data along with CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 1998 Page 6 1998 budgetary data. He described the State Auditor’s guidelines, which were followed, in conducting the legal compliance audit. He noted that the report concludes by finding that the City is in compliance with Minnesota Statutes and is in good financial shape overall. MOTION: of Erickson, seconded by Sterling, receiving the City’s 1997 Audit and Memorandum on Accounting Policies and Procedures and Internal Control Structure prepared by Kern, DeWenter, Viere, Ltd. Ayes - 5 - Nays - 0. COMMUNITY CLEAN-UP DAY Ms. Werkmeister reviewed the proposal for a City-sponsored clean-up day, as described in her memo dated July 6, 1998. It would allow residents to dispose of “hard to get rid of” items; such as appliances, furniture, scrap metal, and tires; at the Central Maintenance Facility. This proposed collection would exclude hazardous materials, such as paint, which can be taken to Dakota County’s Eco-site in Eagan. MOTION: of Erickson, seconded by Sterling, approving proceeding with a Community Clean-Up Day on September 26, 1998; and authorizing the expenditure of up to $5,000.00 for the event, as described in the Recycling Coordinator’s memo dated July 6, 1998. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated July 6, 1998, with a calendar listing upcoming events. Mayor Humphrey noted that a retirement party was held earlier this evening for Jim Boyer who is retiring as a Police Officer after 21 years. He is, however, taking a new position with the Minnesota Bureau of Criminal Apprehension. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated July 1, 1998, in the amount of $4,036,440.46; and July 8, 1998, in the amount of $764,835.33. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:52 o’clock p.m.