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HomeMy WebLinkAbout07/23/1998CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 23rd, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Crime Prevention Specialist Bogner, Assistant to the City Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, 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 Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as amended. 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. Kurt Errickson, representing AFSCME Local 479, City maintenance workers, read a petition asking the City to make a commitment to employ mature professionals and not replace those jobs with other positions that do not pay a living wage. He said the City is increasingly relying on seasonal workers to perform work they believe regular employees should be providing. They are asking for a commitment by the City not to reduce the number of regular employees. Mayor Humphrey said this is not the forum to conduct union negotiations. The City has fulltime staff who deal with that and the Council does not conduct labor negotiations. Mr. Errickson said they are not negotiating, but are exercising first amendment rights to speak and presented the petition. Ms. Margarit said the City has a Labor/Management Committee which includes AFSCME representatives. It has been meeting on retiree insurance and it also provides an opportunity for employees to discuss other items. Concern was expressed about restructuring within the Public Works Division, but no concerns were expressed about use of seasonal employees or their pay. This vehicle is in place for employee communication. Councilmember Goodwin said the need for employees has been discussed during the budget process and should continue to be done during that time. Councilmember Erickson asked if CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Page 2 fulltime staff has been replaced with seasonal employees? Ms. Margarit said they have not. On the consent agenda, tonight, one person is being recommended to be promoted to Supervisor from Foreman. There is a question as to how that position will be handled and whether the Foreman position will be filled. The Mayor said staff will continue to work on these issues and bring any recommendations back to the Council. CONSENT AGENDA MOTION: of Sterling, seconded by Goodwin, adding approval of an agreement with Dakota County for Galaxie Avenue right-of-way to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of July 9th, 1998, as written. Ayes - 5 - Nays - 0. Resolution No. 1998-142 MOTION: of Sterling, seconded by Goodwin, adopting authorizing execution of a Sub-Grant Agreement with the Minnesota Department of Public Safety, Division of Emergency Management, for Federal disaster recovery funds, FEMA 1225-DR-MINNESOTA, related to May storm damage losses. Ayes - 5 - Nays - 0. Resolution No. 1998-143 MOTION: of Sterling, seconded by Goodwin, adopting approving the Application for Gambling Exempt Permit - LG220 of Apple Valley Firefighters’ Relief Association, for an event on September 19, 1998, at Fire Station No. 1, 15000 Hayes Road; and waiving any waiting period for State Gambling Control Board approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of a Temporary Outdoor Special Event License for Rascals Bar & Grill, at 7721 West 147th Street, on August 30, 1998, as described in the City Clerk’s memo dated July 20, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, declaring six MT-1000 Fire Department portable radios as surplus property, authorizing their sale to the City of Richfield, and authorizing the purchase of 12 HT-1000 replacement radios as described in the Fire Chief’s memo dated July 15, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setback variance to allow construction of a screened porch addition to within 22 feet of the rear lot line on CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Page 3 Lot 3, Block 3, Forest Park Estates 2nd Addition (8572 Holland Avenue) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setback variance to allow construction of a garage addition to within 24 feet of the front lot line on Lot 10, Block 1, Huntington 3rd Addition (12725 Edinbrook Path) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-144 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Project 98-801, Cedar Isle Village Homes 2nd Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 20, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-145 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Project 98-802, Water Treatment Plant SCADA System Upgrade, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 20, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-146 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Greenleaf Park Expansion and Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m., on August 10, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-147 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Fischer Market Place and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-148 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Project 96-501, Fischer Market Place Utility and Street Improvements, to Fischer Sand & Aggregate, Inc., the low bidder, in the amount of $4,098,301.60. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Traffic Signal Agreement No. 98-04 with Dakota County for signal revisions on County Road 42 at its intersections with Galaxie Avenue and Flagstaff Avenue, in connection with Project 96-501, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwi n, approving a Relocation Services Agreement with the Dakota County HRA for tenant relocations in connection with the acquisition of Lot 3, Block 1, Apple Valley Business Center, for Project 96-501, as described in the Public Works Director’s memo dated July 20, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Page 4 Resolution No. 1998-149 MOTION: of Sterling, seconded by Goodwin, adopting awarding an additional contract for Project 97-542, Outdoor Family Aquatic Center, for Shingle Roofing, to Nutzmann Brothers Construction, the low bidder, in the amount of $12,480.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving various change orders to contracts for Project 97-542, Outdoor Family Aquatic Center, as listed in the Construction Manager’s letter dated July 17, 1998, in the total additional amount of $3,257.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with CECA Utilities, Inc., for Project 98-527, Tousignant’s Prairie Crossing Improvements, in the amount of an additional $49,798.36. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Cedar Isle Estates, from $4,166 to 0; Cedar Isle Estates 2nd, from $6,260 to $2,294; Cedar Isle Estates 4th, from $2,100 to $750; Cedar Isle Estates 5th, from $53,531 to $9,275; and Briar Knoll, from $11,750 to $6,087. Ayes - 5 - Nays - 0. Resolution No. 1998-150 MOTION: of Sterling, seconded by Goodwin, ad opting requesting the Dakota County Highway Department to have a speed limit study conducted on Diamond Path Road (County Road 33) between County Road 42 and Pilot Knob Road. Ayes - 5 - Nays - 0. Resolution No. 1998-151 MOTION: of Sterling, seconded by Goodwin, adopting revising Section V of the Employee Safety Manual regulating the smoking and tobacco use policy as described in the Human Resources Manager’s memo dated July 23, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seco nded by Goodwin, authorizing payment of $7,384.23 as the City’s share of damages in the Starks and Field v. Minnesota Police Recruitment System lawsuit as described in the Human Resources Manager’s memo dated July 23, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Patrick Flanders for the position of Public Works Supervisor-Streets/Cemetery as listed in the Personnel Report dated July 25, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approvin g promotion of Carol Blommel to the position of Public Works Supervisor-Utilities as listed in the Personnel Report dated July 25, 1998. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Page 5 MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated July 25, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-152 MOTION: of Sterling, seconded by Goodwin, adopting accepting the Agreement regarding the City Administrator’s use of annual leave and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement with Dakota County to acquire right-of-way, drainage, and utility easements on Galaxie Avenue related to Project 96-501, Fischer Market Place Improvements, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA NATIONAL NIGHT OUT Ms. Bogner commented on events planned in various neighborhoods for “National Night Out” on August 4, 1998. This year the Downtown Business Watch group is kicking off the activities by hosting a picnic lunch, at the CUI Career Temps building, and has invited the Council to attend. Approximately 43 parties are being organized by neighborhood block/watch groups. Resolution No. 1998-153 MOTION: of Grendahl, seconded by Sterling, adopting declaring August 4, 1998, as the “15th Annual National Night Out” and urging citizens to support the police-community crime prevention efforts. Ayes - 5 - Nays - 0. PROJECT 98-804, DJD ADDITION IMPROVEMENTS Mayor Humphrey called the public hearing to order, at 8:20 p.m., to consider Project 98-804, DJD Addition Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated June 16, 1998; describing proposed construction of sanitary sewer, water, and storm sewer improvements. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:22 p.m. Resolution No. 1998-154 MOTION: of Erickson, seconded by Sterling, adopting ordering installation of Project 98-804, DJD Addition Utility Improvements. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE TAX INCREMENT FINANCING Jim O’Meara summarized the provisions of a Redevelopment Assistance Agreement for Fischer Market Place as contained in his letter dated July 17, 1998. This agreement was approved by the Economic Development Authority at its meeting this morning with minor changes related to the CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Page 6 default clause which have been made. The City is part of the agreement because it will be issuing the improvement bonds to finance the improvements and be levying the special assessments. Resolution No. 1998-155 MOTION: of Grendahl, seconded by Sterling, adopting approving the Redevelopment Assistance Agreement with Fischer Market Place, LLP, to provide tax increment financing assistance in Redevelopment District No. 13, as attached to Mr. O’Meara’s letter dated July 17, 1998, subject to amendment of paragraph 5.1(c) clarifying that events of default apply to this Agreement or the Development Agreement only; and authorizing the Mayor and Clerk to execute the necessary documents. Ayes - 5 - Nays - 0. FISCHER MARKET PLACE OFFICE BUILDING Mr. Lovelace reviewed the Planning Commission recommendation on a proposed, 52,400 square- foot multi-tenant, office building in the Fischer Market Place development. It will be located on the southeast corner of 147th Street and Galaxie Avenue with access from interior streets on the west and south sides. This building will not qualify for tax increment financing under the previously approved agreement. Resolution No. 1998-156 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for a multi-tenant office building on Lot 1, Block 2, Fischer Market Place, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MENARD’S BUILDING Mr. Lovelace reviewed the Planning Commission recommendation on a proposed, 160,680 square-foot, new Menard’s home products store in the Fischer Market Place development. It will be located west of Flagstaff Avenue and south of 147th Street. Steve Barrett, of Menard’s, was present to answer questions and thanked City Staff for assistance in finalizing the plans. Tony Gleekel, representing Fischer, was present and said cross access and ingress easements, for adjoining lots, will be provided on the plat and cross parking easements will be provided, by a separate document, where needed. Resolution No. 1998-157 MOTION: of Sterling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for Menard’s on Lot 1, Block 6, Fischer Market Place, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CAPITAL IMPROVEMENTS PROGRAM Mr. Grawe reviewed his memo, dated July 20, 1998, describing the proposed 1999-2003 Capital Improvements Program. The details of the Program were the subject of a public hearing held by CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 1998 Page 7 the Planning Commission on July 15, 1998. He reviewed summaries of proposed expenditures and financing methods as contained in the document. MOTION: of Erickson, seconded by Grendahl, approving the 1999-2003 Capital Improvements Program for the City as attached to the Assistant to the Administrator’s memo dated July 20, 1998. Ayes - 5 - Nays - 0. HOLSTON URBAN AFFAIRS RESIGNATION The Mayor noted that Van Holston has submitted his resignation from the Urban Affairs Committee effective August 1, 1998, because he will no longer be a resident of the City. He has served on the Committee since April of 1991. The Council asked that residents interested in being appointed to the Committee submit applications by August 7, 1998. MOTION: of Sterling, seconded by Grendahl, accepting, with regret, the resignation of Van Holston from the Urban Affairs Committee effective August 1, 1998. Ayes - 5 - Nays - 0. WILLIAMS GRADING/ZONING APPLICATIONS The Council received copies of a letter dated July 22, 1998, from Williams Pipe Line requesting rescheduling consideration of its application for an interim use permit to the meeting of August 27, 1998. Action on the application was extended until August 13, 1998, with concurrence by Williams, at the meeting of June 11, 1998. MOTION: of Goodwin, seconded by Sterling, rescheduling consideration of Williams Pipe Line’s application, for interim use and grading permits, to the meeting of August 27, 1998, as requested in its letter dated July 22, 1998. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated July 20, 1998, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated July 15, 1998, in the amount of $1,032,285.57; and July 22, 1998, in the amount of $1,154,167.65. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:02 o’clock p.m.