CITY OF APPLE VALLEY
Dakota County, Minnesota
September 25, 1997
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 25th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Humphrey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant to the Administrator Grawe, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow.
Mayor Humphrey called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Humphrey 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 Sterling, moving consideration of Valleywood road easement to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of September 11th, 1997, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, proclaiming September 22-26, 1997, as Lawsuit Abuse Awareness Week in support of increasing public awareness of lawsuit abuse and its effect on the community. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, proclaiming October 13-17, 1997, as Manufacturers Week in support of enterprises which create high-wage, high-skill jobs. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-209 approving an Exemption from Gambling License for Apple Valley American Legion Auxiliary, Unit 1776, for an event at 14521 Granada Drive, on October 18, 1997, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-210 approving an Exemption from Gambling License for Apple Valley American Legion Auxiliary, Unit 1776, for an event at 14521 Granada Drive, on November 7, 1997, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving issuance of a 1997 Dog Kennel Permit to Scott Grohoski, on property located at 12294 Johnny Cake Ridge Road, to allow keeping four adult dogs. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving issuance of a 1997 Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Tree Farm, in East Valley Plaza, on the southeast corner of 140th Street and Pilot Knob Road. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-211 approving submission of the application to Dakota County for 1998 landfill abatement funding, in the amount of $27,496.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-212 approving 1997 Special Assessment Rolls No. 422 through 434, in the total amount of $3,487,174.00, and setting a public hearing on them, at 8:00 p.m., on October 23, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-213 approving 1997 Special Assessment Roll No. 436, delinquent utility charges, in the total amount of $42,485.39, and setting a public hearing on it, at 8:00 p.m., on October 23, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, receiving the 1997-1998 Tax Increment District Financial Report and Budget as attached to the Finance Director’s memo dated September 22, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Dissemination Agent Agreement with Juran & Moody, for bond issue continuing disclosure reporting services, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-214 electing to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, granting a variance to allow construction of an additional detached 640 square foot accessory building on the Giannetti property, located at 12845 Galaxie Avenue, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an amendment to the subdivision grading permit for Tousignant’s Prairie Crossing, authorized by Resolution No. 1997-152, to allow grading on Saturdays from 8:00 a.m. to 5:00 p.m., as described in the Assistant Planner’s memo dated September 22, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-215 approving plans and specifications for Project 97-525, Eastview High School Utility Improvements, Phase 2; and authorizing advertising for receipt of bids, at 2:00 p.m., on October 16, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving the Site Lease Agreement with Marcus Cable, Inc., for placing fiber optic lines and equipment at the Central Maintenance Facility, and authorizing the Mayor and Clerk to sign the same, as recommended in the Utilities Superintendent’s memo dated September 25, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-216 establishing no parking zones along both sides of Heywood Avenue, between 143rd and 144th Streets, and both sides of 144th Street, between Heywood Avenue and the cul de sac; from September 1 through June 15, Monday through Friday, from 7:00 a.m. to 3:00 p.m. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-217 directing installation of a stop sign on Floral Avenue at its intersection with 129th Street. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Snow and Ice Control Policy and Procedures as attached to the Public Works Director’s memo dated September 25, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Meter Reading Service Agreement with RMR Services, Inc., for 1998, and authorizing the Mayor and Clerk to sign the same, as recommended in the Utilities Superintendent’s memo dated September 25, 1997. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated September 25, 1997. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
VALLEYWOOD ACCESS EASEMENT
Mr. Kelley reviewed the request for public and private road access over the eastern part of Valleywood Golf Course by the City of Rosemount as described in his memo dated September 19, 1997. A private driveway already exists on part of the area and does not interfere with golf course operations.
MOTION: of Sterling, seconded by Erickson, approving Grants of Easements, for roadway and utility purposes, to the City of Rosemount and Timothy and Paula Vraa over the east side of Valleywood Golf Course and authorizing the Mayor and Clerk to sign the same as described in the Community Development Director’s memo dated September 19, 1997. Ayes - 5 - Nays - 0.
REGATTA RESIDENTIAL DEVELOPMENT
Mr. Kelley reviewed the remaining actions needed to complete approvals for the Regatta mixed residential development, located north of 160th Street and approximately one-half mile east of Galaxie Avenue, as described in the Planning Department memo dated September 22, 1997.
MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 1997-218 declaring negative findings on the need for an Environmental Impact Statement for the Regatta development, based on the Environmental Assessment Worksheet. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 632 adding Article A23 to Appendix A, of the City Code, establishing the uses in Planned Development Designation No. 632 for the proposed Regatta development, as recommended by the Planning Commission; and approving the Planned Development Agreement and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1997-219 approving the final plat and Subdivision Agreement for Regatta and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
Gary Grant, of Pulte Homes, the developer, was present and showed renderings of the different types of townhomes proposed to be constructed in Regatta.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-220 approving the site plan and authorizing issuance of building permits for clubhomes and court-homes in Regatta, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 1997-221 approving issuance of a subdivision grading permit for Regatta, with conditions, as recommended by the City Engineer. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 1997-222 awarding the contract for Project 97-532, Regatta Utility and Street Improvements, to Northdale Construction, the low bidder, in the amount of $1,623,622.50. Ayes - 5 - Nays - 0.
FISCHER MARKET PLACE MUNICIPAL IMPROVEMENTS
Mr. Miranowski reviewed his memo, dated September 22, 1997, concerning municipal improvements for the proposed Fischer Market Place. The property owner has petitioned for the improvements and agreed to provide a financial guarantee. To accommodate the improvements, the City’s storm water pond would have to be relocated. An exchange of land for the pond site is proposed to accomplish this. The property owner is asking for what is identified as a preliminary agreement for tax increment financing for pond relocation. The property owner is relocating the pond and asking for reimbursement of the cost as an eligible tax increment financing expense. The agreement does not commit the City to tax increment financing, but if it is granted, the pond relocation cost would be an eligible expense.
MOTION: of Erickson, seconded by Sterling, receiving the preliminary engineering feasibility report for Project 96-501, Fischer Market Place Utility and Street Improvements, dated September 5, 1997. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Land Exchange Agreement for storm water pond relocation with Fischer Market Place, L.L.P., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving the Preliminary Agreement for Tax Increment Financing for storm water pond relocation costs with Fischer Market Place, L.L.P., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
POLICE/FIRE COMPUTER SYSTEM
Police Chief Willow reviewed his memo dated September 22, 1997, detailing the proposed contract with Vision Software for the Police/Fire Computer Aided Dispatch and Records Management System. All components of the system are integrated and compatible with the City’s network. Kent Anderson, of Labyrinth Consulting, the City’s consultant on the project, was present to answer questions.
MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-223 awarding the contract for Police/Fire Computer Aided Dispatch and Records Management System to Vision Software, Inc., the lowest responsible proposer meeting specifications, in the amount of $275,125.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
ORDINANCE ESTABLISHING NATURAL RESOURCES CODE CHAPTER
Mayor Humphrey said he would like more time to review the proposed ordinance establishing Natural Resources Management Regulations as Chapter 20 of the City Code.
MOTION: of Humphrey, seconded by Goodwin, tabling the second reading of a proposed ordinance establishing Natural Resources Management Regulations as Chapter 20 of the City Code until October 9, 1997. Ayes - 5 - Nays - 0.
TRUTH IN TAXATION HEARING DATE
Mr. Gretz said the City has been advised that the date of December 11, 1997, selected for the truth in taxation public hearing, is in conflict with school district hearings. A revised meeting date needs to be set as described in the City Clerk’s memo dated September 25, 1997.
MOTION: of Erickson, seconded by Sterling, setting the truth in taxation public hearing on proposed 1998 budgets and tax levy, at 7:00 p.m., on Wednesday, December 10, 1997. Ayes - 5 - Nays - 0.
CLAIMS AND BILLS
MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated September 17, 1997, in the amount of $513,174.45; and September 24, 1997, in the amount of $4,186,532.58. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:32 o’clock p.m.