CITY OF APPLE VALLEY
Dakota County, Minnesota
December 22, 1998
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22nd, 1998, 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 Planner Bodmer, Police Chief Erickson, Assistant to the City Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Planning Intern Milton, Public Works Director Miranowski, and Administrative Intern Peterson.
Mayor Humphrey 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, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0.
AUDIENCE
Penelope Curry, of Community Action Council, was present and thanked the Mayor, Council, and City Staff for providing office space at City Hall. She reported on some of their activities this year and noted that during the three months of July, August, and September, services were provided to 515 people in the community. Mayor Humphrey thanked her for the services the organization is providing.
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 Goodwin, moving consideration of the D.A.R.E. and Police Liaison Services Agreement 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 Goodwin, approving the minutes of the budget hearing of December 7th, 1998, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of December 10th, 1998, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the Year 2000 Readiness Plan to address issues concerning Year 2000 computer problems as attached to the Assistant to the City Administrator’s memo dated December 18, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-244 approving issuance of a Lawful Gambling Exempt Permit - LG220 for American Legion Auxiliary, Unit 1776, for an event on February 27, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-245 approving issuance of a Lawful Gambling Exempt Permit - LG220 for American Legion Auxiliary, Unit 1776, for an event on March 27, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-246 approving issuance of a Lawful Gambling Exempt Permit - LG220 for American Legion Auxiliary, Unit 1776, for an event on April 30, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving issuance of a 1998 Coin-Operated Amusement Device License to Carmike 15, at 15630 Cedar Avenue, for up to 10 devices. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving extension of preliminary plat approval for replat of Outlots A and B, Avsur Acres; to expire December 22, 1999, as recommended in the Planning memo dated December 18, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving a Relocation Settlement Agreement with College City Homes, Inc., authorizing payment of $85,000.00 for acquisition of part of Lot 3, Block 1, Apple Valley Business Center, related to Project 96-501, Fischer Market Place Improvements, as described in the Public Works Director’s memo dated December 22, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving a contract with System Control Services, Inc., for Project 98-820, Alimagnet Storm Lift Station Telemetry System, in the amount of $23,384.83, as described in the Assistant Public Works Director’s memo dated December 22, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving release of subdivision financial guarantees for: Wyndemere, Wyndemere 2nd, Wyndemere 4th, Wyndemere 5th, and DJD Addition; as listed in the Community Development Secretary’s memo dated December 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the 1999 fee schedule for Valleywood Golf Course and 1998-1999 rental rates for Hayes Arena and the Sports Arena as listed in the Parks & Recreation Director’s memo dated December 4, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving Bonestroo, Rosene, Anderlik & Associates, Inc., 1999 revised hourly rates for general engineering services as attached to the Public Works Director’s memo dated December 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving Severson, Sheldon, Dougherty & Molenda, P.A.’s, 1999 revised legal fee schedule as attached to the Assistant to the City Administrator’s memo dated December 18, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving 1999 membership in the Dakota County Economic Growth Partnership and authorizing payment of annual dues in the amount of $5,358.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, authorizing final payment of $17,776.97 as the City’s portion of plaintiffs’ damages and costs in settlement of the Minnesota Police Recruitment System (MPRS) lawsuit as described in the Human Resources Manager’s memo dated December 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1998-247 approving the 1999 Pay and Benefit Plan for employees as attached to the Human Resources Manager’s memo dated December 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated December 22, 1998. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving new positions of full-time Community Service Officer, Fire Administrative Officer, and Recreation Specialist as listed in the Personnel Report dated December 22, 1998. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT
Councilmember Sterling asked what the City pays toward the cost of providing Police liaison services to the School District? Mr. Gretz said the City funds about 50 percent of the cost and is still trying to get better numbers on the total cost as well as a comparison with what other cities are paying. He suggested the 1998-99 Agreement be approved as submitted and an increase in funding be negotiated for next year.
Councilmember Goodwin said he would like to hold approval until the costs and comparison with other cities can be reviewed. He expressed concern that once the Agreement is approved, the School District will not have any incentive to improve its share.
Councilmember Erickson noted there has been an effort to improve the District’s share, from approximately 30 percent to 50 percent now.
MOTION: of Goodwin, seconded by Sterling, tabling consideration of the Revised D.A.R.E. & Police Liaison Services Agreement with School District No. 196 until January 14, 1999. Ayes - 5 - Nays - 0.
HAIGHT APARTMENTS/PAHL’S GARDEN LOTS
Ms. Bodmer reviewed the Planning Commission recommendation on the proposed apartment development at the northeast corner of 157th Street and Galaxie Avenue. A Comprehensive Plan amendment to "HD" (High Density Multiple Family) is requested which is consistent with the Comprehensive Plan update. The separate amendment is requested due to timing of the entire update. The Metropolitan Council advised that if the amendment is received before the update it can be reviewed in a couple of weeks. Review of the entire update will take about four months.
Two lots are proposed with a 168-unit, four-story, building on the west lot and two three-story buildings, totaling 144 units, on the east lot. All utilities are available for the west lot, but no storm sewer is available for the east lot. Temporary on-site ponding will be required if the development proceeds ahead of the storm sewer lines.
Douglas Dahms, representing Haight Construction, the developer, was present to answer questions and showed photographs of similar buildings to those proposed. He said the units will each have washers and dryers and range in size from 800 to 1,700 square feet. They will rent in the range of $800.00 to $1,000.00 per month.
MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1998-248 amending the Land Use Guide Plan Map of the Comprehensive Plan, from "MD" and "PK" to "HD", for Pahl’s Garden Lots, at the northeast corner of 157th Street and Galaxie Avenue, as recommended by the Planning Commission, and authorizing submitting the amendment to the Metropolitan Council. Ayes - 4 - Nays - 1 (Goodwin).
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1998-249 approving the preliminary plat of Pahl’s Garden Lots, at the northeast corner of 157th Street and Galaxie Avenue, with conditions as recommended by the Planning Commission, subject to approval of the Comprehensive Plan amendment and rezoning. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 1998-250 approving the site plan and authorizing issuance of building permits for Haight Apartments on Lots 1 and 2, Pahl’s Garden Lots, with conditions as recommended by the Planning Commission.
Councilmember Goodwin asked how long the Pahl family plans to farm the remainder of the property? Mr. Kelley said they have indicated they intend to continue farming and operating vegetable sales on the southern part of the property for as long as possible, estimated at about 10 years.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1998-251 ordering preparation of a preliminary engineering report for Project 99-811, Pahl’s Garden Lots Utility and Street Improvements. Ayes - 5 - Nays - 0.
DRAFT COUNTY ROAD 42 CORRIDOR STUDY
Mr. Kelley reviewed his memo, dated December 18, 1998, concerning the study conducted of the County Road 42 corridor by Dakota and Scott Counties. The County Boards will be considering adoption of the report and are looking for formal input from the affected communities. He reviewed four issues on which further qualifications are recommended; removal/modification of semaphores not meeting spacing guidelines; grade separation at County Rod 42 and Cedar Avenue; County financial participation in off-system roadway improvements; and performance based standards for access spacing variances.
Councilmember Grendahl asked if there is a response to the impression that this was an engineering study which did not adequately take business or residential economic impacts into consideration. Mr. Kelley said though the study was done by an engineering firm, citizens and businesses were involved in various committees that participated in the process.
Charlie Crichton, Burnsville Councilmember was present and was asked to comment on Burnsville’s response to the report. Mr. Crichton said Burnsville has not approved the report, but established three committees to study three different sections of the road and report back in several months. They believe not much was looked at from an economic standpoint and those impacts to the City. He did not have a schedule on when this will be completed.
Mayor Humphrey said he believes the issue of grade separation at County Road 42 and Cedar Avenue would not be in the best interest of the City and would not seem to be feasible in any manner. Construction of off-system reliever streets should be considered a much more important alternative. He also expressed concern about suggested removal or modification of semaphores at existing intersections.
The Council discussed studying the recommendations further before acting on them. Staff was also requested to look at revising comments related to the four qualifications on which the City’s acceptance of the report is being based.
MOTION: of Goodwin, seconded by Grendahl, holding action on the draft County Road 42 Corridor Study, for up to 60 days, for further consideration of the qualifications on which the report will be accepted. Ayes - 5 - Nays - 0.
SET SPECIAL MEETING
MOTION: of Erickson, seconded by Sterling, setting a special meeting, at 6:30 p.m., on January 4, 1999, for newly elected officials to take the oaths of office, as described in the City Clerk’s memo dated December 18, 1998. Ayes - 5 - Nays - 0.
PRESENTATION TO MAYOR HUMPHREY
Councilmember Erickson presented Mayor Humphrey with a plaque and a key to the City recognizing his term on the Council, from 1983 to 1997, and his term as Mayor, for 1997 and 1998. He thanked him for his services and noted he also served for six years on the Planning Commission. Mayor Humphrey commented on public service and thanked the citizens for the opportunity to serve the City.
COMMUNICATIONS & CALENDAR
The Council received a memo dated December 18, 1998, with a calendar listing upcoming events. Mayor Humphrey informed the Council that, following adjournment of the meeting, a tape of Kerri Johnson singing the National Anthem from the October 22, 1998, meeting would be played.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated December 16, 1998, in the amount of $5,127,590.64; and December 21, 1998, in the amount of $1,589,946.75. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:00 o’clock p.m.