CITY OF APPLE VALLEY
Dakota County, Minnesota
September 9, 1999
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 9th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Hamann-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Finance Director Ballenger, Police Chief Erickson, Assistant to the Administrator Grawe, Community Development Director Kelley, Planner Lovelace, Human Resources Manager Margarit, Assistant Milton, Public Works Director Miranowski, and Intern Pederson.
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, 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. There was no one was present to speak.
CONSENT AGENDA
MOTION: of Sterling, seconded by Grendahl, deleting final payment on the contract for Project 98-534 from the agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of August 26th, 1999, as written. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-191 accepting, with thanks, the donation of $500.00 from Apple Valley American Legion Post 1776 for the Fire Department. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-192 accepting, with thanks, the donation of a 1986 Volkswagen from Marvin B. Calvin for use by the Fire Department in training activities. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, receiving a legal opinion from the City Attorney regarding appropriation of funds for recreational purposes as contained in Mr. Dougherty’s memo dated September 1, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving an Agreement and appointing Kern, DeWinter, Viere, Ltd., as auditors for the City for 1999, as attached to the Finance Director’s memo dated September 3, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, appointing Tina Foch and Paul Graffunder to the Cedar Avenue Transit Corridor Citizen Advisory Committee, as recommended in the Assistant Planner’s memo dated September 1, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction of a garage addition to within three and one-half feet of the east lot line on Lot 34, Block 3, The Oaks of Apple Valley III (4587 West 137th Street); as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-193 receiving the preliminary engineering report for Project 99-109, Eastwood Ridge Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on October 14, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-194 directing the City Engineer to prepare plans and specifications for Project 99-109, Eastwood Ridge Utility and Street Improvements. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving a Storm Drainage Utility Services Agreement with the Minnesota Zoological Garden, which includes provisions for Project 98-805, Pond 213P Bypass, as attached to the Public Works Intern’s memo dated September 3, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-195 awarding the contract for Combined Projects 98-823, Farquar Lake Outlet; 98-539, Lebanon Cemetery Utilities; and 98-805, Pond 213P Outlet; to Widmer, Inc., the low bidder, in the amount of $413,502.00. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Acquisition of Well No. 16 with Fischer Market Place by reducing special assessments on Lot, 1, Block 3, Fischer Market Place by $100,000.00, as attached to the Public Works Director’s memo dated September 9, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-196 awarding the contract for Project 99-110, Deep Well No. 16 Development, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $65,440.00. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-197 awarding the contract for Hockey Rinks at Johnny Cake Ridge Park (West), to Nadeau Utility, Inc., the low bidder, in the amount of $88,525.00. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-198 awarding the contract for Park Shelters at Johnny Cake Ridge (East), Redwood, Valleywood, and Alimagnet Parks, to CM Construction, Inc., the low bidder, in the amount of $205,850.00 with Alternates 2, 5, and 7. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Redwood Pool Filtration System Replacement with Aqua Logic, Inc., in the amount of $22,900.00, as attached to the Park Maintenance Superintendent’s memo dated September 3, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Well No. 5 Pumphouse Roof Replacement with APEX Roofing & Sheet Metal, in the amount of $12,035.00, as attached to the Public Works Supervisor’s memo dated September 9, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-199 establishing a no parking zone along both sides of Garden View Drive between Whitney Drive and Highview Drive/156th Street Court. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 (revised) to the contract with Fischer Sand & Aggregate for Project 96-501, Fischer Market Place Utility and Street Improvements, in the additional amount of $741,500.30. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 2 to the contract with Fischer Sand & Aggregate for Project 96-501, Fischer Market Place Utility and Street Improvements, in the additional amount of $289,905.55. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 5 to the contract with Burschville Construction for Project 97-546, Regatta 2nd Addition Utility and Street Improvements, in the additional amount of $9,725.15. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, accepting Project 96-501, Fischer Market Place Utility and Street Improvements, as final and authorizing final payment on the contract with Fischer Sand & Aggregate, in the amount of $389,058.25. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, accepting Project 97-538, Carroll Center 4th Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Ryan Contracting, in the amount of $20,723.44. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, accepting Project 98-546, Regatta 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Burschville Construction, in the amount of $83,605.73. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, accepting Project 98-801, Cedar Isle Village Homes 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Inland Utility Construction, in the amount of $42,373.23. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, accepting Project 98-809, Avsur Acres Utility and Street Improvements, as final and authorizing final payment on the contract with Hydrocon, Inc., in the amount of $9,653.51. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving issuance of a Natural Resources Management Permit to Haight Construction for excavation on Lot 2, Block 1, Pahl’s Garden Lots, as recommended in the Assistant Planner’s memo dated September 3, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Hunters Wood Townhomes 3rd Addition, from $19,062.00 to 0; and Hunters Wood Townhomes 5th Addition, from $2,000.00 to 0. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, adopting Resolution No. 1999-200 consenting to the appointment, by the City Treasurer, of M. Thomas Lawell as Deputy City Treasurer. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving hiring Margaret Milton for the position of Assistant Planner, as listed in the Personnel Report dated September 9, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report Addendum dated September 9, 1999. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
RESIDENTIAL RECYCLING PROGRAM RECOGNITION
Dakota County Commissioner Will Branning and Michael Trdan, of Dakota County Environmental Management Department, presented a plaque recognizing the City’s support and operation of a residential recycling program for the past 10 years. They also thanked Nelda Werkmeister, Recycling Coordinator, for her work on the program. The Mayor and Council discussed the success of the program and the continuing need to educate residents about options for recycling paper, plastic and cans.
SALE OF 1999 GENERAL OBLIGATION BONDS
Mr. Lawell reviewed proposed sale terms of three bond issues for improvements, storm sewer projects, and equipment purchases. The proposed negotiated sale, of all three issues, was reviewed with the Council, at its informal meeting, by Steve Mattson, of Juran & Moody. Resolutions approving issuance of the bonds have been prepared by the City’s bond counsel, James O’Meara.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1999-201 providing for issuance and sale of $2,880,000 General Obligation Improvement Bonds of 1999 to Juran & Moody, at a net effective rate of 4.8095 percent, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1999-202 providing for issuance and sale of $1,130,000 General Obligation Storm Sewer Revenue Bonds of 1999 to Juran & Moody, at a net effective rate of 5.1823 percent, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1999-203 providing for issuance and sale of $970,000 General Obligation Equipment Certificates of 1999 to Juran & Moody, at a net effective rate of 4.7679 percent, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.
PROJECT 99-100, CEDAR HOMES 1ST ADDITION IMPROVEMENTS
Mayor Hamann-Roland called the public hearing to order, at 8:15 p.m., to consider Project 99-100, Cedar Homes 1st Addition Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report, dated August 5, 1999, describing sanitary sewer, water, and storm sewer laterals needed to serve the eight 14-unit buildings. The development is located at the northwest corner of 127th Street and Germane Avenue. The Council received a letter dated September 7, 1999, from Dominium Development asking that no action be taken on proceeding with installation of the utilities at this time since final zoning and plat approvals are still needed.
The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:17 p.m.
PROJECT 99-107, CENTRAL SANITARY SEWER TRUNK EXTENSION
Mayor Hamann-Roland called the public hearing to order, at 8:18 p.m., to consider Project 99-107, Central Sanitary Sewer Trunk Extension for Phase 2 of Pahl’s Garden Lots, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report, dated June 17, 1999, describing sanitary sewer trunk construction as part of the City’s system. It will extend between Flagstaff and Foliage Avenue at approximately the 156th Street alignment.
The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:19 p.m.
MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 1999-204 ordering installation of Project 99-107, Central Sanitary Sewer Trunk Extension for Pahl’s Garden Lots. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1999-205 approving plans and specifications for Project 99-107, Central Sanitary Sewer Trunk Extension, and authorizing for receipt of bids, at 2:00 p.m., on October 7, 1999. Ayes - 5 - Nays - 0.
PROJECT 99-113, APARTMENT BUILDING STORM SEWER
Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., to consider Project 99-113, Storm Sewer Improvements for Cedar Knolls Apartment Buildings at 123rd and Germane, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report, dated August 5, 1999, describing storm sewer construction needed to correct erosion problems due to water run off from parking lots. All costs will be assessed to the buildings’ property owner.
The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:22 p.m.
MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1999-206 ordering installation of Project 99-113, Storm Sewer Improvements for Cedar Knolls Apartment Buildings at 123rd and Germane. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 1999-207 approving plans and specifications for Project 99-113, Storm Sewer Improvements for Cedar Knolls Apartment Buildings at 123rd and Germane, and authorizing for receipt of bids, at 2:00 p.m., on October 7, 1999. Ayes - 5 - Nays - 0.
PROJECT 99-114, FRASER SERVICES TRUNK UTILITIES
Mayor Hamann-Roland called the public hearing to order, at 8:24 p.m., to consider Project 99-114, Fraser Community Services Building Trunk Utilities, and noted receipt of the affidavit of publication of the hearing notice. Mr. Wrase reviewed the preliminary engineering report, dated August 3, 1999. No construction is involved. The purpose of the hearing is to levy previously installed trunk improvements to Lot 2, Block 1, Apple Valley Armory, which Fraser Services is acquiring from the City.
The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:25 p.m.
MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 1999-208 ordering Project 99-114, Fraser Services Building Trunk Utilities (Apple Valley Armory). Ayes - 5 - Nays - 0.
PROPOSED 2000 CITY BUDGET AND TAX LEVY
Mr. Lawell reviewed the Finance Director’s memo dated September 3, 1999, summarizing the City’s proposed budget for 2000 and tax levy. He noted the Council has previously reviewed the information at meetings on August 24, 1999, and earlier tonight. The Council will be required to hold hearings on the levy certification tax rate and on the budget and tax levy. The Council is required to certify the proposed amounts by September 15th. Following the truth in taxation hearing, in December, the final amount must be certified which can be decreased but cannot be increased over the proposed amount.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1999-209 approving proposed 2000 budgets, with total revenue of $30,502,997.00 and expenditures of $30,109,775.00, and approving the proposed net tax levy collectible in 2000 of $10,059,518.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1999-210 approving the proposed net transit tax levy collectible in 2000 of $1,033,746.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, setting a public hearing on the proposed 2000 levy certification tax rate for the Council’s regular meeting, at 8:00 p.m., on Thursday, October 14, 1999. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, setting the truth in taxation public hearing on proposed 2000 budgets and tax levy, at 7:00 p.m., on Monday December 6, 1999. Ayes - 5 - Nays - 0.
FISCHER MARKET PLACE RETAIL BUILDING
Mr. Lovelace reviewed the Planning Commission recommendation on a proposed multi-tenant retail building to be constructed, at the northeast corner of County Road 42 and Flanders Path, in Fischer Market Place. The outlot will be replatted (as Fischer Market Place 3rd Addition) prior to issuance of the building permit.
Councilmember Erickson questioned the advisability of locating a building facing County Road 42 with its loading area facing Florence Trail where its access will be. Paul Bilotta, of Centers Group, the developer, was present; said, from a retailer’s perspective, they prefer to have the visibility on County Road 42. Because there are grade changes between the two streets, it will be easier to screen the loading area on the north side of the building.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1999-211 approving the site plan and authorizing issuance of a building permit for a 16,968 square-foot retail building on part of Outlot F, Fischer Market Place; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
COMMUNICATIONS & CALENDAR
The Council received a memo dated September 3, 1999, with a calendar listing upcoming events.
CLAIMS AND BILLS
MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated September 1, 1999, in the amount of $540,942.11; and September 8, 1999, in the amount of $1,009,328.70. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:48 o’clock p.m.