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HomeMy WebLinkAbout10/13/2005 CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 13, 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, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, City Planner Lovelace, and Police Captain Rechtzigel. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scouts James Austin, Austin Spindler, Ben Stewart, Alex Wood, and Andrew Wood from Troop 205. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Bergman, 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 Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of September 22, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-171 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 2 November 11, 2005, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2005-172 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing execution of a Grant Agreement with Dakota County Traffic Safety Group and authorizing the Chief of Police to sign the Agreement. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the reduction of financial guarantee for Cobblestone Lake from $304,034.00 to $100,000.00; and approving release of various subdivision financial guarantees for Cobblestone Lake, as listed in the Community Development Secretary’s memo dated October 10, 2005. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the License Agreement with McDonald Construction, Inc., for access to the storm sewer lift station for Pond WVR-P26, located at 7601 – 145th Street, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-173 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on November 22, 2005, to consider vacating easements on Lots 5 and 6, Block 1, Royal Oak Estates. Ayes - 5 - Nays - 0. Resolution No. 2005-174 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 05-301, 2005 Miscellaneous Utility Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on November 1, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-175 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 03-237, 153rd Street – Phase 2; and authorizing advertising for receipt of bids, at 10:00 a.m., on November 3, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-176 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Project 04-267, Wensmann 14th Addition Utility Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on November 3, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-177 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Municipal Center Lower Level Locker Facilities and other Facility Remodeling Project; and authorizing advertising for receipt of bids, at 10:00 a.m., on November 3, 2005. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 3 Resolution No. 2005-178 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Project 05-300, Well Pump No.’s 6, 11, and High Zone Pump 3, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $33,633.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 03-245, 2004 Street Maintenance, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $36,600.75. Ayes - 5 - Nays - 0. Resolution No. 2005-179 MOTION: of Grendahl, seconded by Goodwin, adopting approving the establishment of a Health Reimbursement Arrangement (HRA) for City employees, and authorizing the Mayor and City Clerk to sign the necessary documents as attached to the Human Resources Manager’s memo dated October 10, 2005. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated October 13, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MAKE A DIFFERENCE DAY Mr. Lawell described the Make A Difference Day Program sponsored nationally by USA Weekend Magazine and The Points of Light Foundation. Make A Difference Day is an annual event dedicated to celebrating volunteerism and encouraging people to help their neighbors. In the spirit of the program, the City wished to recognize the Apple Valley American Legion, Post 1776, Kathryn Stewart, and City staff who worked during the rain storm on October 4, 2005, for their contributions to the community. Mr. Lawell read the proclamation recognizing the Apple Valley American Legion, Post 1776, for its contributions to the community, and for activities and donations which benefit youth and schools. MOTION: of Grendahl, seconded by Erickson, proclaiming October 22, 2005, as “Make A Difference Day” and thanking the Apple Valley American Legion, Post 1776, for its contributions to the community, youth, and schools, and for making a positive difference in Apple Valley. Ayes - 5 - Nays - 0. American Legion Commander Deb Arnes was present to accept the proclamation. Mr. Lawell read the proclamation recognizing Scoutmaster Kathryn E. Stewart for her contributions to Boy Scout Troop 205. A map depicting locations in Apple Valley where Eagle Scout projects have been completed was presented. Troop 205 Chair David Wygant also thanked Ms. Stewart for her many contributions. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 4 MOTION: of Bergman, seconded by Grendahl, proclaiming October 22, 2005, as “Make a Difference Day” and thanking Kathryn E. Stewart for her efforts as Scoutmaster of Boy Scout Troop 2005, and for her services elsewhere, and for making a positive difference in Apple Valley. Ayes - 5 - Nays - 0. Kathryn Steward was present to accept the proclamation. Mr. Lawell described the efforts of over 100 City employees who helped during the heavy rains on October 4, 2005. Streets, Fleet/Building Maintenance, Utilities, Parks Maintenance, Police, and Fire personnel responded and many worked through the night to help with sandbagging, barricading flooded streets, and responding to citizen requests. He thanked those employees for making a difference. Councilmember Erickson thanked the employees for their hard work and dedication and for making Apple Valley the great place it is to live and work. PENNOCK OFFICE BUILDING Ms. Dykes reviewed the Planning Commission recommendation on a 15,000-square foot, one- story office building at the northwest corner of Pennock Avenue and 147th Street. A variance to allow the height of the building to exceed the maximum of 20 feet to 29 feet is also requested. Other buildings in this area have previously received height variances. She reviewed the proposed exterior building materials, grading plans, and elevation drawings. The plan meets the parking space requirement. She also reviewed the landscaping plan. Initially, there was concern the developer may not be able to meet the required landscaping. However, the developer has stated they will comply by installing larger trees, more of them, and different varieties. Councilmember Bergman asked if the condition on the timing for trash pickup was consistent with the area. Ms. Dykes said typically the City does not stipulate the time for trash pickup but felt it necessary in this case to ensure it did not impact traffic on Pennock Avenue. MOTION: of Erickson, seconded by Bergman, granting a variance to increase the height of the Pennock Office Building to 29 feet, located on Lot 2, Block 1, Goddard School Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-180 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of Pennock Office Building on Lot 2, Block 1, Goddard School Addition, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 5 MOTION: of Bergman, seconded by Goodwin, directing staff to review the landscaping ordinance and the permitted landscaping materials and present a recommendation to Council. Ayes - 5 - Nays - 0. HOPE CHURCH ADDITION Ms. Bodmer reviewed the request by Hope Church, located at 7477 – 145th Street W., to combine two unplatted parcels into a single parcel equaling 7.4 acres. She further reviewed the proposed 5,400-square foot, multipurpose building addition, consisting of a half-court basketball gym, four classrooms, a kitchen, and a nursery area. The addition will be constructed on the east side of the building, tucked into a hill. The addition does not impact parking requirements. Hope Church also requested a variance for a 10-foot by 10-foot portion of a parking space located 12 feet from the property line. The encroachment is minimal. She reviewed the elevation drawings and landscaping plans. The area for the expansion is wooded and approximately 10 two-inch trees will need to be replaced. The Planning Commission voted unanimously to approve this project. Resolution No. 2005-181 MOTION: of Goodwin, seconded by Bergman, adopting approving the preliminary and final plat for the Hope Alliance Addition with conditions as recommended by the Planning Commission, and waiving a Subdivision Agreement. Ayes - 5 - Nays - 0. Resolution No. 2005-182 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit to Hope Church for a multipurpose addition, at 7477 – 145th Street W., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving an after-the-fact setback variance for a 50-square foot corner of the existing parking lot for Hope Church, located at 7477 – 145th Street W., constructed within twelve feet of property line adjacent to 145th Street W., as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COBBLESTONE LAKE SOUTH SHORE ADDITION Mr. Lovelace reviewed the requests for rezoning, final plat, and development agreement for the Cobblestone Lake South Shore Addition, generally located west of Diamond Path Road and north of County Road 46. He also reviewed a draft agreement for private installation of improvements. It is approximately 43 acres and will have single and twin home dwelling units as well as a community pool and adjoining recreation building. The developer would like to rethink the condominium portion of the project; as a result, the condominiums are not included in this request. Molly Breunig, of Tradition Development, was present. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 6 Councilmember Erickson asked what type of warranty the City is given for private installation of public utilities. City Attorney Dougherty said the City would require the same warranty for a private installation of improvements that it would receive for a public improvement project, specifically, warranty bonds insuring the function of the utilities for two years. Ordinance No. 784 MOTION: of Goodwin, seconded by Erickson, passing amending Section 155.006 of the City Code by rezoning the Cobblestone Lake South Shore Addition from Planned Development Designation No. 703/Zone 8 to Planned Development Designation No. 703/Zones 1, 2, 7, and 8. Ayes - 5 - Nays - 0. Resolution No. 2005-183 MOTION: of Bergman, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Cobblestone Lake South Shore, with minor revisions subject to the approval of the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving the Agreement for Private Installation of Improvements for Cobblestone Lake South Shore with Cobblestone Lake, L.L.C., with minor revisions subject to the approval of the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. ORDINANCE AMENDING UTILITY DEPOSIT FEE Mr. Heuer gave the first reading of an ordinance amending the Fee Schedule Appendix of Title III of the City Code by adjusting the utility deposit fee. The City collects a $20.00 deposit on new utility accounts and refunds the deposit when the account is closed. The deposit fee was initially set up to cover the cost of the water meter and assist with delinquent balances. The City no longer uses this as a means to cover damages or past due accounts. Instead, it assesses those charges to the property. Due to changes in the new billing software, the Finance Division is recommending reducing the deposit to zero. Staff is reviewing this Chapter of the City Code and will present an ordinance amendment removing references to the deposit in the near future. In order to have time to issue the deposit refunds before the system is converted, waiving the procedure for a second reading of the ordinance is requested. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 785 and passing amending the Fee Schedule Appendix of Title III of the City Code by reducing the utility deposit fee to $0. Ayes - 5 - Nays - 0. NAMING OF QUARRY POINT PARK Mr. Johnson said Dakota County and the Minnesota Valley Transit Authority have requested the City consider a name for its potential future athletic complex located at 160th Street and Pilot Knob Road. They would then consider that name for the park and ride facility which will also be CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 7 located on that site. It is hoped that by using the same name there will be less confusion for the public locating the site. MOTION: of Erickson, seconded by Grendahl, naming the future athletic complex, located at 160th Street and Pilot Knob Road, Quarry Point. Ayes - 5 - Nays - 0. CEMETERY ADVISORY COMMITTEE VACANCIES Ms. Gackstetter reviewed her memo dated October 10, 2005, listing applicants for the Cemetery Advisory Committee vacancies. Councilmember Goodwin asked if there was a residency requirement for this Committee. Councilmember Erickson said there is a Dakota County requirement. Councilmember Grendahl said she would like to see committee by-laws restrict membership to Apple Valley residents. Councilmember Goodwin agreed and recommended the by-laws be changed as soon as possible. Councilmember Bergman asked how restricting appointments to Apple Valley residents might impact the current Cemetery Advisory Committee Member who is not a resident. City Attorney Dougherty said the requirement could simply be applied to all future appointments. Mr. Heuer stated that a recommendation to change the by-laws to require an Apple Valley residency was presented to the Cemetery Advisory Committee at its July meeting and was voted down unanimously. Councilmember Erickson asked that consideration be given to the Cemetery Advisory Committee’s vote regarding a residency requirement. Councilmember Erickson asked how the terms would be assigned. MOTION: of Goodwin, seconded by Grendahl, recommending the candidate with the most votes receive the term ending on March 1, 2008; and in the case of a tie, flipping a coin whereby heads would mean the longest tenure. Ayes - 5 - Nays - 0. The Mayor called for nominations for the vacancy. Councilmember Erickson nominated Lisa Hiebert, Alan Kohls, Christopher Melton, Paula Moore, and Harry Wolter. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Erickson, seconded by Grendahl, accepting the five nominations for Cemetery Advisory Committee. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 8 MOTION: of Goodwin, seconded by Bergman, amending the previously adopted appointment process to reduce the number of candidates by selecting three of the names appearing on the ballot. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names from the five 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 three names. After selections were made, they were tallied and the City Attorney announced that four names remained. MOTION: of Goodwin, seconded by Grendahl, amending the previous appointment process for reduce the number of candidates by selecting two names appearing on the ballot. Ayes - 5 - Nays - 0. 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 the two names remaining were Paula Moore and Harry Wolter, with Mr. Wolter receiving the most votes. MOTION: of Bergman, seconded by Grendahl, appointing Harry Wolter to the Cemetery Advisory Committee for a term expiring March 1, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, appointing Paula Moore to the Cemetery Advisory Committee for a term expiring March 1, 2007. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. Mayor Hamann-Roland called a recess at 9:27 p.m. Mayor Hamann-Roland resumed the meeting at 9:32 p.m. 2005 MEETING DATES MOTION: of Goodwin, seconded by Bergman, canceling the Informal and Regular Meetings scheduled for November 10 and December 8, 2005; setting Informal Meetings on November 8, 2005, at 6:30 p.m., and November 28, 2005, at 3:00 p.m.; setting Regular Meetings on November 8 and December 5, 2005, at 8:00 p.m.; and setting a Special Meeting on December 12, 2005, at 7:00 p.m. Ayes - 5 - Nays - 0. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2005 Page 9 MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 10, 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 Erickson, to pay the claims and bills, check registers dated September 28, 2005, in the amount of $459,719.89; October 5, 2005, in the amount of $1,591,277.92; and October 12, 2005, in the amount of $1,005,641.00. 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 acquisition of ponding and drainage easements for the Palomino area as well as for Farquar and Long Lakes. MOTION: of Grendahl, seconded by Goodwin, to close the regular meeting and convene in closed session to discuss the acquisition of ponding and drainage easements for the Palomino area, and Farquar and Long Lakes with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 9:38 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 9:45 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Gackstetter, and Public Works Director Heuer. 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 acquisition of ponding and drainage easements with the Council. The Council reconvened in open session at 10:14 p.m. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:15 o’clock p.m.