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HomeMy WebLinkAbout10/28/2004CITY OF APPLE VALLEY Dakota County, Minnesota Octo ber 28 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Octo ber 14th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin , and Grendahl . ABSENT: None . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty , City Engineer Gordon , Police Captain Anglin, Finance Director Ballenger, Assistant Finance Director Broughten, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resourc es Manager Strauss , and Fire Chief Wassmund . 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 Ben Stauffer of Scout Troop 290 . APPROVAL OF AGENDA MOTION: of Erickson , seconde d by Grendahl , 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. No one was present to sp eak. CONSENT AGENDA MOTION: of Bergman , seconded by G oodwin , moving consideration of Project 03 - 238, Harmony Commons Improvements, to the regular agenda and approving all remaining items on the consent agenda . Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman , seconded by G oodwin , approving the minutes of the regular meeting of Octo ber 14th , 200 4 , as written. Ayes - 5 - Nays - 0 . Resolution No. 2004 - 211 MOTION: of Bergman, seconded by G oodwin , adopting a mending and adjusting the amounts of petty cash change funds for various locations and operations of the City . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 2004 Page 2 MOTION: of Bergman, seconded by G oodwin , approving a change in manager for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar , in connection with the On - Sale Liquor License at 14 658 Cedar Avenue , naming Teressa L. Tichy as General Manager; as described in the City Clerk’s memo dated October 25 , 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in manager for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, in connection with the On - Sale Wine License at 7593 West 147th Street, naming James G. Olson as General Manager; as described in the City Clerk’s memo dated October 25, 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 212 MOTION: o f Bergman , seconded by G oodwin , a dopting setting a public hearing, at 8:00 p.m., on N ovember 23 , 2004, on application s for renewal of on - sale liquor and wine licenses for 2005 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G oodwin, granting setback variances to allow construction of a 750 square - foot detached garage to within one foot of the private street and four feet of the side yard at 13530 Embry Way (in Section 24) as recommended by the Planning Commission . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G oodwin, approving an Amendment to the Development Agreement for The Legacy of Apple Valley North, concerning development of Outlot A and granting a right of entry to the City; as attached to the City Planner’s m emo dated October 25, 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 213 MOTION: of Bergman , seconded by G oodwin, adopting approving the final plat and Development Agreement for Summerfield Townho mes Second Addition, including a provision for privat e installation of improvements, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G oodwin , canceling the public hearing set for November 9, 2004, on Project 04 - 266, Summerfield Townhomes Second Addition Utility and Street Improvements, because it will be installed privately . Ayes - 5 - Nays - 0. Resolution No. 2004 - 214 MOTION: of Bergman , seconded by G oodwin, adopting approving the final pl at and Development Agreement for Diamond Gates and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2004 - 215 MOTION: of Bergma n , seconded by G oodwin, adopting awarding the contract for Project 03 - 219, Diamond Gat es Utility, Street and Pathway CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 2004 Page 3 Improvements, to Three Rivers Construction, Inc., the low bidder, in the amount of $260,008.76 . Ayes - 5 - Nays - 0. Resolution No. 2004 - 2 16 MOTION: of Bergman , seconded by G oodwin , adopting receiving the preliminary engine ering report for Project 9 4 - 371 , Valley Oaks Estates Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on November 23 , 2004 . Ayes - 5 - Nays - 0. Resolution No. 2004 - 2 17 MOTION: of Bergman, seconded by G oodwin , adopting d irecting the City Engineer to prepare plans and specifications for Project 9 4 - 371 , Valley Oaks Estates Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G oodwin , a pproving Change Order No. 3 to the contract with R yan C ontracting Co. for Project 02 - 214, Dahle Oaks Utility and Street Improvements, in the amount of an additional $3,472.00 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by G oodwin , a ccepting Project 03 - 244, Well No. 10 Standby Diesel Generator Set and Installation, as final and authorizing final payment on the contract with Ziegler Power Systems, Inc., in the amount of $ 8 , 335.50 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by G oodwin , approving hiring the seasonal employees as listed in the Pers onnel Report dated Oc t o ber 28 , 2004. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FIRE DEPARTMENT CERTIFICATES OF MERIT Fire Chief Wassmund reviewed his memo dated October 25 , 2004, describing heroic actions by neighbors in response to house fires on Oct ober 5 and 6, 2004. On October 5, 2004, Michael Friendshuh helped Sarah Hazelton from her burning home, at 12210 Geneva Way, before the Fire Department arrived. In the early morning of October 6, 2004, Josh Eull, Roger Garza, Jr., and Joe Richards woke M ary Ann Mielke and rescued her from her burning home, on Germane Avenue, before the Fire Department arrived. Certificates of Merit were presented to all of these individuals in appreciation for their efforts. Mary Ann Mielke thanked everyone for saving h er life and said she is purchasing bricks for each of her rescuers at the City’s Firefighter Memorial. Her sister, Barbara Milon, read a poem she wrote to express gratitude to everyone who helped Mary Ann. 2004 SPECIAL ASSESSMENT ROLL 529 CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 2004 Page 4 Mayor Hamann - R oland called the public hearing to order, at 8:15 p.m., on Special Assessment Roll No. 529 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memos dated October 25 and 28, 2004, describing the assessment rol l for Legacy of Apple Valley, totaling $2,457,858.00. The property owner requested reallocation of storm water pond assessments on Legacy Square Townhomes to other lots contained in the revised assessment roll. A letter was received from Samuel Espana an d Sally Patron - Espana, 15433 Frost Path, concerning Town & Country Homes' responsibility for the assessments on their property. Ms. Patron - Espana was also present. The Mayor asked for other questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:1 8 p.m. Resolution No. 200 4 - 2 18 MOTION: of Goodwin, seconded by Bergman , adopting approving and levying 200 4 Special Assessment Roll No. 5 2 9 , for improvements, as revised , in the total amount of $ 2,457,85 8 .00. Ayes - 5 - Nays - 0. 200 4 SPECIAL ASSESSMENT ROLL 5 30 Mayor Hamann - Roland called the public hearing to order, at 8:1 9 p.m., on Special Assessment Roll No. 5 30 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller rev iewed her memo dated October 2 5 , 200 4 , describing the assessment roll, totaling $ 69,160.18 , for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8: 20 p.m. Resolution No. 200 4 - 2 19 MOTION: of Erickson , seconded by Grendahl , adopting approving and levying 200 4 Special Assessment Roll No. 5 30 , for delinquent utilities, in the total amount of $ 69,160.18 . Ay es - 5 - Nays - 0. 2004 SPECIAL ASSESSMENT ROLL 53 1 Mayor Hamann - Roland called the public hearing to order, at 8: 2 1 p.m., on Special Assessment Roll No. 53 1 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed he r memo dated October 25, 2004, describing the assessment roll, totaling $ 3 , 225.00 , for delinquent false alarm charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:2 2 p.m. Resolution No. 2004 - 2 20 MOTION: of Bergman , seconded by G oodwin , adopting approving and levying 2004 Special Assessment Roll No. 53 1 , for delinquent false alarm charges, in the total amount of $ 3,225.00 . Ayes - 5 - Nays - 0. PROJECT 03 - 238, HARMONY COMMONS IMPROVEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 2004 Page 5 M r. Dougherty commented on the Harmony Commons development, at 153rd Street west of Galaxie Avenue. The property has been platted into outlots but right - of - way for streets and utilities w as not been dedicated and will be provided when the outlots are replatted. Due to timing to complete the improvements, the developer would like to proceed with the improvements. He prepared a document granting right of entry to the City and a waiver of t he developer’s right to appeal special assessments for the improvements. When the property is replatted, vacation proceedings will be required to remove this document and the developer understands that. The agreement was signed this morning subject to re view by the developer’s attorney. Randy Pederson, representing the developer, was present and said their attorney is now satisfied with the documents . Mr. Dougherty also spoke with the attorney. MOTION: of Goodwin , seconded by Erickson, accepting the Ri ght of Entry and Waiver of Right to Appeal Assessments for Harmony Commons allowing public improvement Project 03 - 238 to proceed . Ayes - 5 - Nays - 0. Resolution No. 2004 - 2 21 MOTION: of Bergman , seconded by Goodwin , adopting a warding the contract for Pro ject 03 - 238, Harmony Commons Utility and Street Improvements, to Frontier Construction Co., the low bidder, in the amount of $498,299.92 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Bergman reminded everyone to vote in the General Elect ion on November 2, 2004. He thanked all employees who worked on the security detail on October 22, 2004, and all participants in the commercial vehicle inspections conducted on October 20, 2004. The Council received a memo dated Octo ber 25 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman , seconded by G oodwin , to pay the claims and bills, check registers dated Octo ber 2 1 , 200 4 , in the amount of $ 15,463,881.57 ; and Oc t o ber 28 , 2004, in the amount of $ 9,766,660.79 . Ayes - 5 - Nays - 0. MOTION: of G rendahl , seconded by Erickson , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8 : 47 o’clock p.m.