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HomeMy WebLinkAbout06/23/2005 CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 23, 2005, 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 Gackstetter, City Attorney Dougherty, City Engineer Manson, Police Captain Anglin, Finance Director Ballenger, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Human Resources 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. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, adding item 5.C.2-The Legacy Shops Collateral Assignment of Development Agreement to the regular agenda, and 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 speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Bergman, moving consideration of item 4.H-Receive ALF Ambulance 2006 Proposed Budget to the regular agenda, removing item 4.N- Adopt Resolution Awarding Contract for Project 94-371, Valley Oaks Estates Utility and Street Improvements, and adding items 4.S-Approve Alterra Sterling House Encroachment Agreement and 4.T-Approve Scott Mattingly as District Chief of Fire Station 1., and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of June 9, 2005, as written. Ayes - 4, Nays - 0, Abstain - 1 (Grendahl). CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 2 Resolution No. 2005-104 MOTION: of Grendahl, seconded by Bergman, adopting accepting, with thanks, the donation of $25.00 from Denny and Laura Lundberg for use toward the Police Department Canine Program. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving use of City streets for the July 4, 2005, Apple Valley Freedom Days parade, and authorizing temporary closure of certain streets, beginning at 11:00 a.m., as requested in the Recreation Supervisor’s memo dated June 16, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-106 MOTION: of Grendahl, seconded by Bergman, adopting establishing parking restrictions on or near the parade route for the July 4, 2005, Apple Valley Freedom Days parade, beginning at 6:00 p.m. on July 3, 2005, and ending at 12:01 p.m. on July 4, 2005. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a Landscape Construction Services Agreement with Tree Trust for 2005, at a cost not to exceed $2,700.00 plus materials, as attached to the Park Maintenance Superintendent’s memo dated June 9, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing a contract with Decision Resources for a 400-person, random sample survey on a park bond referendum in the amount of $10,200.00, and authorizing the Parks and Recreation Director to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-105 MOTION: of Grendahl, seconded by Bergman, adopting identifying the need for Livable Communities Demonstration Account (LCDA) funding, and authorizing an application for grant funds for Legacy Park North. Ayes - 5 - Nays - 0. Resolution No. 2005-107 MOTION: of Grendahl, seconded by Bergman, adopting amending the City’s change/petty cash funds. Ayes - 5 - Nays - 0. Resolution No. 2005-108 MOTION: of Grendahl, seconded by Bergman, adopting designating the National Incident Management System (NIMS) as the basis for all incident management in the City of Apple Valley. Ayes - 5 - Nays - 0. Resolution No. 2005-109 MOTION: of Grendahl, seconded by Bergman, adopting promoting the use of intrastate mutual-aid agreements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a License Agreement with Scott and Amy Johnson to temporarily occupy City property adjacent to 12209 Grandview Terrace until November 30, 2006, and authorizing the Mayor and City CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 3 Clerk to sign the same; and directing the City Attorney to take the necessary actions to enable the City to sell said property. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement for Removal of Existing and Installation of New Concrete at Apple Valley Community Center with Wagner Construction of Hampton, Inc., in the amount of $32,294.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Central Maintenance Roof Replacement as final and authorizing final payment on the contract with A-Plus Roofing Company in the amount of $15,995.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Chain Link Fence Improvements as final and authorizing final payment on the contract with Midwest Fence and Manufacturing Company, Inc., in the amount of $11,200.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving release of the subdivision financial guarantee for Cobblestone Lake 3rd Addition, as listed in the Community Development Secretary’s memo dated June 20, 2005. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement for Inspection of Regulated Materials in Preparation for Demolition with Industrial Hygiene Services Corporation, in the amount of $11,052.00, as attached to the Public Works Director’s memo dated June 23, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving an Agreement to complete a Class V Well Inventory with Industrial Hygiene Services Corporation, at an estimated amount of $2,065.00, as attached to the Public Works Director’s memo dated June 23, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman,awarding the contract for Project 02-189, Excavation and Purchase of Sand and Gravel at Southern Athletic Complex, to Fischer Sand and Aggregate, L.L.P., in the amount of ($200,000.00), approving the Excavation Agreement, allowing minor modifications to the Excavation Agreement subject to the approval of the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, tabling consideration of eminent domain to acquire the David Fischer property until July 14, 2005. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 4 MOTION: of Grendahl, seconded by Bergman, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated June 23, 2005. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Encroachment Agreement with Alterra Sterling House (formally Evergreens of Apple Valley, L.L.P.) as attached to the City Planner’s memo dated June 22, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving appointment of Scott Mattingly, to District Fire Chief of Fire Station No. 1, as listed in the Fire Chief’s memo dated June 22, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POLICE SERGEANTS AND K-9 Chief Johnson introduced newly appointed Police Sergeants Rutzen and Scott. He also introduced Police K-9 Radar, a 17-month old German shepherd, and handler, Officer Rudolph. K-9 Radar graduated from training on June 2, 2005, and has officially begun work with the Police Department. 4TH OF JULY CELEBRATION Randy Johnson, Pat Schesso, and Bill Bird, described activities planned for this year’s 4th of July Freedom Days Celebration, with the theme “Land that We Love”, and invited everyone to attend. A brochure listing activities occurring during the week was distributed to homes last week. On July 4th, the parade starts at 1:00 p.m., at Pennock Avenue and Fireside Lane and ends at Apple Valley High School. Pre-fireworks entertainment begins at 6:00 p.m., at Johnny Cake Ridge Park, and the evening concludes with a fireworks display at 10:00 p.m. The Council thanked staff and the Freedom Days Committee for all the work they put into the celebration. Resolution No. 2005-110 MOTION: of Erickson, seconded by Grendahl, adopting proclaiming July 5, 2005, as “The 39th Annual Apple Valley 4th of July Freedom Days Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 5 - Nays - 0. THE LEGACY SHOPS Ms. Dykes reviewed the Planning Commission recommendation for building permit authorization for The Legacy Shops. The proposed two-story, mixed use commercial building is approximately 44,800 square feet with retail located on the first floor and office space located on the second floor. The 1.11-acre site is located on the southeast corner of Galaxie Avenue and 153rd Street CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 5 W., and is part of the Central Village. The plan includes a pedestrian plaza, decorative walkways, 280 surface parking spaces, and a 79-space underground garage. Revised elevation and landscaping plans were presented. The developer intends to commission a sculpture or other form of public art to be placed in the landscaped area at the corner of Galaxie Avenue and 153rd Street W. Councilmember Bergman asked about exterior lighting and the trellis. Ms. Dykes said a lighting plan was presented and various exterior lights are purposed. There will also be lighting on the public art. Patrick Sarver was present. He stated a wrought iron trellis feature will be installed to assist with vine growth. Resolution No. 2005-111 MOTION: of Erickson, seconded by Bergman, adopting authorizing issuance of a building permit for The Legacy Shops, a mixed use commercial building, located on the southeast corner of Galaxie Avenue and 153rd Street W., with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Collateral Assignment of Development Agreement, as attached to the City Attorney’s memo dated June 23, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked the petitioners for working with the City in developing the plans and wished them great success. COBBLESTONE LAKE 5TH ADDITION Mr. Lovelace reviewed the request by Tradition Development for a Comprehensive Plan Land Use Map amendment from “P” (Park) to “MD” (Medium Density Residential); a rezoning from “A” (Agricultural) to “PD-703/Zone 9” (Planned Development); a preliminary plat that will create seven lots and one outlot; and a site plan/building permit authorization to construct 30 townhome units on 2.97 acres of a 3.55-acre parcel. The unplatted parcel is located at the southeast corner of Eagle Bay Drive and old Dodd Boulevard. Resolution No. 2005-112 MOTION: of Goodwin, seconded by Bergman, adopting amending the 2020 Comprehensive Land Use Plan redesignating the property located at 15450 Dodd Boulevard, Cobblestone Lake 5th Addition, from “P” (Park) to “MD” (Medium Density Residential/6-12 Units Per Acre) to the Metropolitan Council, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 6 MOTION: of Grendahl, seconded by Erickson, directing staff to prepare a Planned Development Ordinance amendment for “PD-703/Zone 9” (Planned Development), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-113 MOTION: of Bergman, seconded by Grendahl, adopting approving the preliminary plat for Cobblestone Lake 5th Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-114 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit to allow construction of 30 townhome dwelling units, at 15450 Dodd Boulevard, Cobblestone Lake 5th Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-115 MOTION: of Bergman, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary report for Project 05-284, Cobblestone Lake 5th Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. COBBLESTONE LAKE SOUTH SHORE ADDITION Mr. Lovelace reviewed the request by South Shore Development, Inc., to rezone from “PD- 703/Zone8” into a variety of subzones with the existing planned development district; a preliminary plat to subdivide 57 acres into 65 single-family, 20 two-family, and 6 multi-family residential lots, one lot for a private swimming pool, and 8 outlots for the construction of 46 single-family, 10 duplexes, and 228 condominium dwelling units; and a site plan/building permit authorization for 10 twinhomes and 18 condominium buildings. The site is located along the north side of 160th Street W., west of Diamond Path. Molly Breunig, John Deerbeck, and Dean Nelson were present. They highlighted some of the features unique to this development. Ordinance No. 780 MOTION: of Goodwin, seconded by Grendahl, passing rezoning property located along the north side of 160th Street W. and west of Diamond Path, from “PD-703/Zone 8” (Planned Development) to “PD-703/Zone 1” (Planned Development), “PD-703/Zone 2” (Planned Development), “PD-703/Zone 5” (Planned Development), and “PD-703/Zone 7” (Planned Development), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, directing staff to prepare a Planned Development Ordinance amendment for “PD-703/Zone 5” (Planned Development), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 7 Resolution No. 2005-116 MOTION: of Bergman, seconded by Grendahl, adopting approving the preliminary plat for Cobblestone Lake South Shore Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-117 MOTION: of Erickson, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit to allow construction of 20 twinhome dwelling units on Lots 1 – 10, Block 2, and Lots 1 – 10, Block 3, Cobblestone Lake South Shore Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-118 MOTION: of Grendahl, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit to allow construction of 228 condominium dwelling units on Lots 1 – 7, Block 1, Cobblestone Lake South Shore Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-119 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary report for Project 05-285, Cobblestone Lake South Shore Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. HARMONY COMMONS Ms. Dykes reviewed the request by Pederson-Wensman, L.L.C., to vacate the drainage and utility easements across Outlot B of Harmony Commons and a portion of 153rd Street W. There are no functioning municipal utilities within the easements. Because traffic is one-way on both roads, a 100-foot right-of-way is more than is needed. The vacation of 153rd Street W. will allow the construction of buildings in the Landmark Corner. The public hearing was held on February 27, 2005, and no comments were received. Resolution No. 2005-120 MOTION: of Grendahl, seconded by Bergman, adopting approving the vacation of existing drainage and utility easements in Outlot B, Harmony Commons, and a 36-foot wide by 686-foot wide portion of right-of-way that abuts Outlot B, Harmony Commons; and directing the City Clerk to file the necessary documents with the County Recorder. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Right-of-Way Obstruction/Natural Resources Management Permit for the excavation of a subterranean garage on Outlot B, Harmony Commons, with conditions, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. REDESIGNATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Ms. Kelley reviewed the proposed amendment to the Community Development Block Grant (CDBG) funds. In 1990, the City established an Economic Development Revolving Loan Fund CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 8 with CDBG funds. The fund is currently inactive and has a balance of $61,769.61. Staff recommends transferring the funds into a non-revolving account for the purposes of funding commercial rehabilitation projects. The Hope Chest for Breast Cancer could utilize this type of funding for an elevator retrofit for the building they are negotiating to purchase at 7600 – 147th Street W. Councilmember Bergman inquired if Hope Chest for Breast Cancer is requesting the entire dollar amount and if the money could be used to purchase an elevator for the City’s golf course. Mr. Kelley said the full amount would go to Hope Chest for Breast Cancer since it is less than the cost of the elevator, and that the City’s golf course does not qualify under the CDBG guidelines. Councilmember Grendahl asked for clarification regarding qualification for CDBG funds if the retail/office rental on the second floor is not non-profit. Mr. Kelley indicated the requested use is eligible for this type funding. The Council requested the entire CDBG program be discussed more completely at an informal meeting. Barbara and Jay Hensley were present. Mrs. Hensley said all items in the store are donated except a line of sterling silver jewelry which is manufactured by survivors of breast cancer. The store will only carry designer and/or high end furniture, accessories, and clothing. Their mission is to assist individuals experiencing breast cancer who have inadequate or no health insurance, as well as help fund early-detection screening, treatment and hospice care, and breast cancer research. Resolution No. 2005-121 MOTION: of Bergman, seconded by Goodwin, adopting approving the transfer of Community Development Block Grant Funds from an inactive Economic Development Revolving Account to a Non-Revolving Account for Commercial Rehabilitation. Ayes - 5 - Nays - 0. CEDAR CORRIDOR TRANSPORTATION INFRASTRUCTURE GROUP APPOINTMENTS Mr. Kelley said the Cedar Corridor Transportation Infrastructure Group (Cedar Group), the successor to the former Cedar Avenue Transitway Study Management Committee, is charged with developing a comprehensive transportation vision and plan for the Cedar Avenue corridor, including the Phase I (5-year) implementation plan for Bus Rapid Transit. The County has requested the City Council make appointments to the two working groups. MOTION: of Erickson, seconded by Bergman, appointing Mayor Hamann-Roland, Tom Lawell, and Ken Johnson to the Cedar Corridor Transportation Infrastructure Improvement Group (Cedar Group), with Councilmember Grendahl to serve as alternate. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 9 MOTION: of Erickson, seconded by Bergman, appointing Kathy Bodmer and Tom Sorweide, of Short Elliott Hendrickson, Inc., to the Technical Advisory Committee of the Cedar Corridor Transportation Infrastructure Improvement Group. Ayes - 5 - Nays - 0. CEMETERY ADVISORY COMMITTEE VACANCY Mr. Lawell reviewed the City Clerk’s memo dated June 20, 2005, listing applicants for the Cemetery Advisory Committee vacancy. Councilmember Grendahl said she would like to see committee by-laws restrict membership to Apple Valley residents. The Mayor called for nominations for the vacancy. Councilmember Erickson nominated Mike Gruber, Lisa Hiebert, Alan Kohls, Christopher Melton, Paula Moore, and Harry Wolter. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Bergman, seconded by Erickson, accepting the six nominations for Cemetery Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, amending the previously adopted appointment process to reduce the number of candidates by selecting two less than the number of names appearing on the first round of balloting. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names from the six nominees. After selections were made, they were tallied and the City Attorney announced that four names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name of the two listed. After selections were made, they were tallied and the City Clerk announced that the name remaining was Mike Gruber. MOTION: of Bergman, seconded by Grendahl, appointing Mike Gruber to the Cemetery Advisory Committee for a term expiring March 1, 2008. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. ALF AMBULANCE 2006 PROPOSED BUDGET Councilmember Bergman asked for clarification on a Paramedics Services Manager position, budgeting for schools and conferences, and uncollectible accounts and interest expense. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 10 Mr. Tom Kelly, ALF Ambulance Director, explained the Paramedics Services Manager position was created last year during the reorganization, and that it is a new position with a change in title and focus. The amount set for schools and conferences should be sufficient and includes leadership training as well as mandated training for all personnel. The uncollectible accounts includes write-offs to comply with Medicare and uncollectible debt. The interest expense is calculated by finance personnel, and takes into account cash balances, investments, and depreciation. MOTION: of Bergman, seconded by Goodwin, receiving the ALF Ambulance 2006 Proposed Budget. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Bergman congratulated Councilmember Grendahl on her appointment by Governor Pawlenty to the Minnesota Task Force for Higher Education. She will be part of the Minnesota contingency that will travel to China. Councilmember Grendahl thanked the residents of Lakeville for recognizing the importance of paying for transit as indicated on the Lakeville transit survey reported in the local newspaper. Mayor Hamann-Roland said she received a letter from the Executive Director of the Minnesota Fire Service Certification Board who stated he could not recall any test where 22 firefighters received a median score of 90 percent. She asked Chief Wassmund to congratulate the firefighters for achieving outstanding results on their Certification test. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Erickson, approving the amended calendar of upcoming events as included in the City Clerk’s memo dated June 20, 2005, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated June 15, 2005, in the amount of $13,860,288.11; and June 23, 2005, in the amount of $710,266.81. Ayes - 5 - Nays - 0. CLOSE MEETING: ATTORNEY-CLIENT PRIVILEGE Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the David Fischer Property Acquisition. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2005 Page 11 MOTION: of Grendahl, seconded by Goodwin, to close the regular meeting and convene in closed session to discuss the acquisition of property from David Fischer with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 10:30 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 10:35 p.m., along with City Attorney Dougherty, City Administrator Lawell, and City Clerk Gackstetter. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Mr. Dougherty then discussed the David Fischer property acquisition with the Council. The Council reconvened in open session at 10:48 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:49 o’clock p.m.