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HomeMy WebLinkAbout10/27/2005 CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 27, 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, Associate City Planner Bodmer, Assistant Finance Director Broughten, Associate City Planner Dykes, Assistant Administrator Grawe, Human Resources Representative Haas, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Police Captain Rechtzigel, 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. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, adding items 4.N - Employment Actions Addendum, 4.0.1 - Cancel Request for Bid on Project 03-237, 4.O.2 - Cancel Request for Bid on Project 04-267, 5.F.2 - Resolution Ordering Preliminary Report for Project 05-306, and 5.G - Naming of Park in The Legacy of Apple Valley North, 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 Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Bergman requested item 4.F - Adopt Resolution Approving Amendments to the Apple Valley Fire Fighters Relief Association Bylaws be placed on the regular agenda. MOTION: of Goodwin, seconded by Bergman, moving consideration of the resolution approving amendments to the Apple Valley Fire Fighters Relief Association Bylaws to the regular agenda and numbering it 5.A, renumbering the remaining CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Page 2 regular agenda items, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of October 13, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-184 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of a lake aeration system and cost of installation, valued at $3,500.00, from Clifford Timm for Farquar Lake. Ayes - 5 - Nays - 0. Resolution No. 2005-185 MOTION: of Goodwin, seconded by Bergman, adopting setting a public hearing, at 8:00 p.m., on November 22, 2005, on applications for renewal of on-sale liquor and wine licenses for 2006. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Releaf Grant Agreement in the amount of $38,498.00 for the period July 1, 2005, through June 8, 2007, with the Minnesota Department of Natural Resources, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the updated Snow and Ice Control Policy and Procedures as attached to the Acting Public Works Superintendent’s memo dated October 27, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Firefighter’s Relief Association Certification of 2006 financial requirements for a tax levy in the amount of $208,630.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the License Agreement for Electric Facilities with Great River Energy, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Installation of Outdoor Warning Siren with Master Electric in the amount of $4,850.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing the sale of surplus City vehicles at the State of Minnesota’s public auction on November 5, 2005, as described in the Public Works Supervisor’s memo dated October 27, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-186 MOTION: of Goodwin, seconded by Bergman, adopting ordering the removal of the stop sign on Cobblestone Lake Parkway at 158th Street W. and CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Page 3 ordering the installation of a stop sign on 158th Street W. at Cobblestone Lake Parkway. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Second Amendment to The Legacy of Apple Valley North Development Agreement, for rough grading in connection with the installation sidewalks, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Temporary Easement and Waiver of Objection to Special Assessment for The Legacy of Apple Valley North, as attached to the City Engineer’s memo dated October 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the release in subdivision financial guarantee for Cobblestone Lake and the reduction in financial guarantee for Hazelwood Development from $19,500.00 to $14,750.00, as listed in the Community Development Secretary’s memo dated October 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees listed in the Personnel Report dated October 27, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving canceling the request for bids on Project 03-237, 153rd Street - Phase 2. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving canceling the request for bids on Project 04-267, Wensmann 14th Addition Utility Improvements. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FIREFIGHTERS RELIEF ASSOCIATION Councilmember Bergman asked if there is a formula for the service pension increases identified in Amendment III. Mr. Ganfield stated the formula standards for the Relief Association are set by the State of Minnesota. The request is for a two-year plan which is within the guidelines allowed by the State and the totals fall well below the maximum allowed by law. Councilmember Erickson expressed thanks to the firefighters on behalf of the Council for the service they provide to the community. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Page 4 Resolution No. 2005-187 MOTION: of Erickson, seconded by Bergman, adopting approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 - Nays - 0. 2005 SPECIAL ASSESSMENT ROLL 535 Mayor Hamann-Roland called the public hearing to order, at 8:09 p.m., on Special Assessment Roll No. 535 and noted receipt of the affidavit of publication of the hearing notice. Ms. Broughten described the assessment roll, totaling $86,273.43, 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 8:10 p.m. MOTION: of Goodwin, seconded by Grendahl, of Erickson, seconded by Grendahl, adopting Resolution No. 2005-188 approving and levying 2005 Special Assessment Roll No. 535, for delinquent utilities, in the total amount of $86,273.43. Ayes - 5 - Nays - 0. 2005 SPECIAL ASSESSMENT ROLL 536 Mayor Hamann-Roland called the public hearing to order, at 8:11 p.m., on Special Assessment Roll No. 536 and noted receipt of the affidavit of publication of the hearing notice. Ms. Broughten described the assessment roll, totaling $3,497.10, for delinquent false alarm charges and weed removal. She noted the amount of the roll is less this year than in 2004 and this is the first year the City is assessing for weed removal. 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 8:13 p.m. Resolution No. 2005-189 MOTION: of Erickson, seconded by Bergman, adopting approving and levying 2005 Special Assessment Roll No. 536, for delinquent false alarm charges and weed removal, in the total amount of $3,497.10. Ayes - 5 - Nays - 0. 2005 SPECIAL ASSESSMENT ROLL 537 Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., on Special Assessment Roll No. 537 and noted receipt of the affidavit of publication of the hearing notice. Ms. Broughten described the assessment roll, totaling $199,533.00, for 153rd Street W. and Dodd Road improvements. 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 8:15 p.m. Resolution No. 2005-190 MOTION: of Goodwin, seconded by Grendahl, adopting approving and levying 2005 Special Assessment Roll No. 537, for improvements to 153rd Street W. and Dodd Road, in the total amount of $199,533.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Page 5 SHEPHERD OF THE VALLEY CHURCH ADDITION Ms. Bodmer reviewed the Planning Commission recommendation on a 13,300 square-foot addition to the Shepherd of the Valley Lutheran Church, located at 12650 Johnny Cake Ridge Road. The addition will be constructed on the east side of the current structure and will include classrooms, expanded fellowship area, a coffee station, and expanded nursery rooms. The Fire Marshal recommended a pedestrian path be constructed from the east side of the building to the parking lot on the west side of the building. There are no grading or drainage issues. Parking is adequate. Pastor Paul Harrington was present to answer questions. Resolution No. 2005-191 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 13,300 square-foot addition to the Shepherd of the Valley Lutheran Church located on Lot 1, Block 2, Pinecrest 3rd Addition (12650 Johnny Cake Ridge Road), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ISD 196 ALTERNATIVE LEARNING CENTER Ms. Dykes reviewed the Planning Commission recommendation on a building permit for a 28,000 square-foot, one-story classroom building located southeast of Johnny Cake Ridge Road and 149th Street W. The majority of the building is 18 feet tall with a mezzanine in the center which is 28 feet tall. The building will be utilized by Independent School District 196 as an alternative learning center. The applicant has agreed to make a pedestrian connection to the bituminous pathway adjacent to County Road 42. A three- to four-foot berm will be constructed along 150th Street W. Mr. Jack Grotkin, the applicant, was present. Resolution No. 2005-192 MOTION: of Grendahl, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for construction of a 28,000 square-foot, one-story classroom building located on Lot 3, Block 2, North Star Industrial Park Addition (5840 – 149th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. LOT 12, BLOCK 5, GREENLEAF 5TH ADDITION LOT SPLIT Ms. Bodmer reviewed the Planning Commission recommendation for subdivision of the Jacobson property, Lot 12, Block 5 Greenleaf 5th Addition (13179 Ferris Court), by preliminary plat. The Jacobsons are proposing splitting their 30,910 square-foot, single family lot into two lots, whereby the corner lot would be 14,450 square feet and the interior lot would be 16,400 square feet. The new lot sizes are consistent with the neighborhood. Sanitary sewer is not presently available and will need to be extended to the site. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Page 6 Mayor Hamann-Roland asked if there would be significant tree loss or storm water issues associated with the lot split. Ms. Bodmer stated few trees will need to be mitigated because the lot is not heavily wooded. The lot is relatively flat and storm water is not an issue. In addition, there is no fill needed or additional earth work required. Resolutions No. 2005-193 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat of Greenleaf 14th Addition (replat of Lot 12, Block 5, Greenleaf 5th Addition), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2005-194 MOTION: of Bergman, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary report for Project 05-306, Greenleaf 14th Addition Utility Improvements. Ayes - 5 - Nays - 0. NAMING OF KELLEY PARK Mr. Lawell said public improvements, including streets, curbs, gutters, and sidewalk, in The Legacy of Apple Valley North in the Central Village are nearing completion. The design for a three-acre public park within this development, in the area of Galaxie Avenue and 153rd Street, has been presented to Council previously. As Council is aware, Planning and Development Director Rick Kelly has been battling cancer and recently learned his cancer is terminal. Mr. Kelley has worked for the City almost 28 years and has been a key contributor to making Apple Valley the terrific community it is today. Staff is recommending naming the park in the Legacy North Development “Kelley Park” in recognition of the many contributions made by Rick Kelley to this community. MOTION: of Erickson, seconded by Grendahl, approving naming the three-acre public park on Outlot A, The Legacy of Apple Valley North, as “Kelley Park” in recognition of the long and distinguished career of Richard B. Kelley and his immeasurable contributions to the City of Apple Valley. Ayes - 5 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 24, 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 October 19, 2005, in the amount of $736,910.56; October 5, 2005, in the CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2005 Page 7 amount of $1,591,277.92; and October 27, 2005, in the amount of $613,367.77. Ayes - 5 - Nays - 0. CLOSED MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Grendahl, seconded by Goodwin, to enter into a closed meeting and convene in closed session to discuss LELS Police Officers union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 9:50 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Human Resources Manager Strauss, City Administrator Lawell, City Clerk Gackstetter, Police Chief Johnson, Police Captains Anglin and Rechtzigel, and Human Resources Representative Haas. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:20 p.m. MOTION: of Bergman, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:21 o’clock p.m.