Loading...
HomeMy WebLinkAbout02/24/2005 CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 24th, 2005, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Grendahl. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Police Captain Lohse. 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 Travis Lawell, from Boy Scout Troop 290. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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 speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting of February 10, 2005, as written. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the Joint Powers Agreement with the Cities of Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, Savage, South St. Paul, and West St. Paul, and Dakota County for the Dakota County Drug Task Force, as attached to Police Captain Anglin’s memo dated February 16, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2005 Page 2 MOTION: of Bergman, seconded by Erickson, approving the Contract with the Dakota County Technical College for $9,400.00 credit in exchange for three used patrol vehicles, as attached to Police Captain Anglin’s memo dated February 15, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the 2004 Municipal Separate Storm Sewer System (MS4) annual report, as attached to the Natural Resources Coordinator’s memo dated February 24, 2005, and authorizing the Public Works Director to sign the same and submit it to the Minnesota Pollution Control Agency. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, waiving the procedure for a second reading Ordinance No. 768 and passing, amending Section 155.352 (A)(7) of the City Code by increasing the maximum mesh size for chain link fences used for swimming pool barriers to 2.25-inch square. Ayes - 4 - Nays - 0. Resolution No. 2005-30 MOTION: of Bergman, seconded by Erickson, adopting approving specifications for removal and replacement of concrete curb, gutter, sidewalk, and pedestrian curb ramps and advertising for receipt of bids on March 15, 2005, at 2:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the Joint Powers Agreement with Dakota County for maintenance of the traffic signal located at the intersection of Galaxie Avenue and Founders Lane, as attached to the Public Works Director memo dated February 24, 2005, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving renewal of the City’s property, liability, workers’ compensation, and umbrella insurance coverage for March 1, 2005, through March 1, 2006, with the League of Minnesota Cities Insurance Trust at a total premium of $669,861.00, including the Agent Fee of $7,000.00, as recommended in the Finance Director’s memo dated February 18, 2005. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving hiring the seasonal employee listed in the Personnel Report dated February 24, 2005. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER BOLKS Police Captain Lohse introduced newly hired Police Officer Lee Bolks to the Council. The City Clerk administered the oath of office to Officer Bolks. Police Captain Lohse then presented him with his badge. The Council congratulated Officer Bolks and welcomed him to his new position. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2005 Page 3 VACATE PORTION OF 153RD STREET AND OUTLOT B, HARMONY COMMONS Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., on vacating a 36-foot wide by 686-foot long portion of right-of-way on 153rd Street West and drainage and utility easements on Outlot B, Harmony Commons, and noted receipt of the affidavit of publication of the hearing notice. Ms. Dykes reviewed her memo dated February 18, 2005, describing the proposed vacation. The Central Village Plan, approved by the City Council in May 2002, showed a one-way coupler system, including 153rd Street W. and Founders Lane as one-way roads. As such, they do not require a 100-foot right-of-way. The preliminary plat of Harmony Commons, approved by the City Council in February 2004, showed right-of-way of 64 feet for 153rd Street W. and Founders Lane. There are no functioning municipal utilities within the easements along 153rd Street W and Galaxie Avenue. The sanitary sewer in the existing 153rd Street W. right-of- way was rerouted. The City has constructed a temporary road adjacent to the future Founders Lane to handle traffic during the construction of that street. The temporary street will remain closed until the developer has completed the preliminary grading for the underground garage for the Grandstay Hotel, which will be located within the triangular lot surrounded by 153rd Street W, Founders Lane, and Galaxie Avenue. After the grading is complete, the temporary road can be opened and the City can complete the vacation of 153rd Street W. The vacation will allow for the construction of buildings in Landmark Corner in accordance with the Central Village Plan. The Mayor asked for other questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:18 p.m. SALE OF CITY BONDS Mr. Ballenger said a new ruling by the Securities and Exchange Commission (SEC) requires signed purchase agreements within 24 hours of authorization. As a result, the refinancing of the $705,000 General Obligation Storm Sewer Revenue Bonds issued in 1999, and purchase of $400,000 General Obligation Equipment Certificates authorized at the last City Council meeting was delayed. Consequently, the new rate for both bonds is slightly higher; however, the amount of General Obligation Storm Sewer Revenue Bonds to be refinanced was reduced to $700,000. Refinancing the General Obligation Storm Sewer Revenue Bonds at this time would result in a total debt service savings to the City of $30,629.67. Resolution No 2005-31 MOTION: of Erickson, seconded by Bergman, adopting approving the issuance and sale of $700,000 General Obligation Storm Sewer Revenue Crossover Refunding Bonds, Series 2005B, and authorizing execution of the necessary documents to complete the sale. Ayes - 4 - Nays - 0. Mr. Ballenger said the second bond sale is for $400,000 General Obligation Equipment Certificates with an effective rate of 3.34%, which is approximately $700 more over the life of the CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2005 Page 4 bond than what was originally anticipated. Due to new legislation which could freeze the City’s ability to levy bond issues against property taxes, staff recommends purchasing the equipment certificates at this time. Resolution No 2005-32 MOTION: of Grendahl, seconded by Bergman, adopting approving the issuance and sale of $400,000 General Obligation Equipment Certificates, Series 2005A, and authorizing execution of the necessary documents to complete the sale. Ayes - 4 - Nays - 0. WALGREENS DRUG STORE Ms. Bodmer reviewed the Planning Commission’s recommendations to subdivide the 6.9-acre East Valley parcel into two lots. Lot 1 would be 5.4 acres and contain the existing East Valley Plaza shopping center; and Lot 2 would be 1.4 acres and the location for the new Walgreens store. Both lots meet zoning and subdivision requirements. She also reviewed the site plan and building permit authorization for the 11,000 square foot Walgreens store. Plans include a 3,500 square foot basement, to be used for storage. The parking lots for Walgreens and East Valley Plaza will be 19 spaces short of the code requirement. An additional 18 spaces could be gained if the East Valley Plaza parking lot is re- striped. The Planning Commission recommended the City require a proof-of-parking agreement, which would require East Valley Plaza to re-stripe their parking lot if it is determined additional spaces are needed. Modifications were made to the building and landscape plans based on comments from the City’s Traffic Engineer, Natural Resources Coordinator, and residents. The color scheme, design details, and scale of the building compliment the neighboring building. On behalf of Walgreens, Mr. John Kohler, thanked the residents who participated in the neighborhood meetings, citing the importance of their input. Resolution No. 2005-33 MOTION: of Grendahl, seconded by Erickson, adopting , approving the subdivision by preliminary plat for East Valley Plaza 4th Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2005-34 MOTION: of Grendahl, seconded by Erickson, adopting , approving the site plan and authorizing issuance of a building permit for Walgreens Drug Store, on Lot 2, Block 1, East Valley Plaza 4th Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. EMINENT DOMAIN FOR PALOMINO AREA EASEMENTS ACQUISITION Mr. Lawell reviewed his memo dated February 18, 2005, regarding the Palomino area easement acquisition. The City began the process of acquiring the 11 easements needed in that area in January 2004. Since that time, five easements have been obtained. Staff is still working to secure the necessary easements through negotiation. Council could authorize use of eminent domain but CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2005 Page 5 direct the City Attorney’s office to refrain from using it for a designated period of time, to provide additional time to negotiate mutually agreeable terms. The Council discussed stipulating refraining use of eminent domain for 120 days, as long as progress continues to be made. Resolution No. 2005-35 MOTION: of Erickson, seconded by Bergman, adopting , authorizing use of eminent domain for Project No. 03-233, Palomino Area Easement Acquisition, and directing the City Attorney to refrain from commencing use of eminent domain for 120 days in order to give the parties an additional period of time to further negotiate prior to the initiation of the condemnation proceedings. Ayes - 4 - Nays - 0. Mr. Lawell said just this week the owners of Lot 4, Block 2, Palomino Hills, have agreed to the ponding and drainage easement for their property. This was one of the five easements remaining under Project No. 03-233, Palomino Area Easement Acquisition, that was just discussed. Should Council authorize payment to this property owner, only four easements remain to be acquired. MOTION: of Grendahl, seconded by Bergman, authorizing payment of $350.00 to Donald and Suzanne Taylor for ponding and drainage easement on Lot 4, Block 2, Palomino Hills, in connection with Project No. 03-233, Palomino Area Easement Acquisition. Ayes - 4 - Nays - 0. COMMISSION & COMMITTEE APOINTMENTS Ms. Gackstetter reviewed her memo dated February 18, 2005, regarding commission and committee members with terms expiring March 1, 2005. She noted all members have expressed interest in serving additional terms, except for Committee Member Humphrey, of the Cemetery Advisory Committee, who has requested he not be reappointed due to conflict with his work schedule. There are no applications less than one year old on file for this committee. The next Cemetery Advisory Committee meeting is April 19, 2005. The Council could accept applications until March 15 with appointment scheduled for the Council meeting of March 24, 2005. MOTION: of Erickson, seconded by Bergman, reappointing Wilton Anderson and John Raiche to the Cemetery Advisory Committee for terms expiring March 1, 2008; reappointing all current members of the Parks & Recreation Advisory Committee for terms expiring March 1, 2007; reappointing Jeannine Churchill, James Hadley, and David Schindler to the Planning Commission for terms expiring March 1, 2008; reappointing all current members of the Telecommunications Advisory Committee for terms expiring March 1, 2007; reappointing Richard Asleson and Linda Dolan to the Traffic Safety Advisory Committee for terms expiring March 1, 2008; and reappointing all current members of the Urban Affairs Committee for terms expiring March 1, 2007. Ayes - 4 - Nays - 0. Mayor Hamann-Roland recognized Urban Affairs Committee Member Shelly Madore who was in the audience, thanked her for her service to the City, and congratulated her on her reappointment. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2005 Page 6 Councilmember Erickson thanked all commission and committee members for volunteering their service as well. OTHER STAFF ITEMS Mr. Lawell said he received a letter today from the American Heart Association recognizing the City’s automatic external defibrillator (AED) program. An award will be presented to the City on March 4, 2005, in Brooklyn Park. A copy of the letter will be forwarded to the Council. Councilmember Grendahl said the MVTA sent a letter to the Cities of Farmington and Lakeville regarding permit parking at the Apple Valley Transit Station. The Met Council recognizes the issue is regional and indicated it will take a lead role in pushing for legislation to address transit issues. Mr. Heuer said the Police and Public Works Departments have purchased two signs which display speeds of oncoming vehicles. One has been installed on Garden View Drive south of Oriole Drive and the other will be installed on Garden View Drive at the intersection of Hayes Trail. These locations were selected due to high volumes of traffic and the schools in the area. The manufacturer will be meeting with representatives of the Streets Division in the near future regarding setup and operation. Councilmember Erickson said he would like an update on traffic counts on Garden View Drive and 160th Street. COMMUNICATIONS & CALENDAR The Council received a memo dated February 7, 2005, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated February 17, 2005, in the amount of $9,845,880.19; and February 23, 2005, in the amount of $466,645.51. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:07 o’clock p.m.