CITY OF APPLE VALLEY
Dakota County, Minnesota
May 15, 2001
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 15th, 2001, 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 Hills, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, and Administrative Assistant 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 led by the members of Scout Troop 227.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, 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
MOTION: of Grendahl, seconded by Sterling, adding a contract for soil testing to the consent agenda and approving all 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 April 26th, 2001, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, proclaiming May 20 through 26, 2001 as "Save A Life Week" to heighten public awareness of training in basic life saving techniques for emergency situations. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-72 accepting, with thanks, the donation of a 1985 Chevrolet automobile from Richard and Carolann Laine for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-73 accepting, with thanks, the donation of a 1991 Ford Range pickup from David G. Murphy for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing issuance of new Filling Station, Off-Sale 3.2 Percent Malt Liquor, and Tobacco Sales Licenses, for 2001, to Kwik Trip No. 397, at 15065 Dodd Boulevard; and Kwik Trip No. 421, at 14941 Florence Trail; as described in the City Clerk’s memo dated May 10, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Metropolitan Environmental Partnership Grant Agreement with the Metropolitan Council for $11,000.00 of funding for non-point source pollution education activities, as attached to the Natural Resources Coordinator’s memo dated May 15, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing continued participation in the Dakota County Community Development Block Grant (CDBG) entitlement program for another three-year period, as described in the Community Development Director’s memo dated May 1, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Administration and Monitoring Agreement with Dakota County Community Development Agency for occupancy and rent level monitoring for the Hidden Ponds Apartments, as attached to the Community Development Director’s memo dated May 10, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Inclusionary Housing Development Agreement with Duffy Development Company and Community Housing Coalition for grant funds to provide affordable rental housing in Hidden Ponds Apartments, as attached to the Community Development Director’s memo dated May 10, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Inclusionary Housing Account Grant Agreement with the Metropolitan Council for funds, in the amount of $500,000.00, for Hidden Ponds Apartments, as attached to the Community Development Director’s memo dated May 10, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an exemption to the Wetland Conservation Act for installation of storm water utilities for the Hidden Ponds Apartments, as described in the Natural Resources Coordinator’s memo dated May 15, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-74 awarding the contract for Project 00-147-B, Traffic Signal at 153rd Street and Galaxie Avenue, to Granite Ledge Electrical Contractors, the low bidder, in the amount of $141,500.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 21 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $15,759.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving reduction of financial guarantees for: Apple Valley Plaza, from $3,925.00 to 0; and for Wirsbo Training Center, from $1,000.00 to 0. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Antenna Site Lease Agreement with Sprint Spectrum, L.P., at Valleywood Water Reservoir as attached to the Public Works Director’s memo dated May 15, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing Bonestroo, Rosene, Anderlik & Associates, Inc., to proceed with a Comprehensive Water Plan Update, at a cost not to exceed $75,000.00, as described in the Public Works Director’s memo dated May 15, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Sod Replacement Services with Gallagher’s, Inc., as attached to the Public Works Supervisor’s memo dated May 10, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Concrete Removal and Replacement Services with Gallagher’s, Inc., as attached to the Public Works Supervisor’s memo dated May 10, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving an Agreement for Tennis Court Resurfacing at Delaney Park and Pennock Park with Troy D. Carlson, d/b/a Court Surfaces & Repair, as attached to the Park Maintenance Superintendent's memo dated May 10, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Site Usage and Maintenance Joint Powers Agreement with Independent School District No. 196 for Valley Middle School/Park Grounds, as attached to the Parks and Recreation Director’s memo dated May 4, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Building Inspection Service Agreement with Inspectron, Inc., for contract services, as attached to the Building Official’s memo dated May 1, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated May 15th, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a Contract with Braun Intertec Corporation for additional soil testing at Fire Station No. 2, at a cost not to exceed $1,000.00, as attached to the Assistant to the City Administrator’s memo dated May 15, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
EMERGENCY MEDICAL SERVICES WEEK
Councilmember Sterling, the City’s ALF Ambulance Board representative, read a proclamation recognizing the value of emergency medical service providers and thanked ALF paramedics for their work.
MOTION: of Sterling, seconded by Erickson, proclaiming May 20 through 26, 2001, as "Emergency Medical Services Week" encouraging people to become educated about injury prevention and how to respond to medical emergencies. Ayes - 5 - Nays - 0.
PROJECT 01-155, PENNOCK PLACE SENIOR HOUSING STORM SEWER
Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., on Project 01-155, Pennock Place Senior Housing Trunk Storm Sewer, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated April 17, 2001. No construction is involved in the project and the hearing is for the purpose of assessing trunk storm sewer charges. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:09 p.m.
MOTION: of Grendahl, seconded by Erickson, adopting Resolution No. 2001-75 ordering Project 01-155, Pennock Place Senior Housing Trunk Storm Sewer. Ayes - 5 - Nays - 0.
PROJECT 99-117, SHACKELFORD ADDITION IMPROVEMENTS
Mayor Hamann-Roland called the public hearing to order, at 8:10 p.m., to consider Project 99-117, Shackelford Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated March 28, 2001. The project involves improvements for five single family residential lots. Sidewalk will be installed along the south side of Embry Way within the subdivision. It could be extended along the street should further redevelopment occur.
The Council received a letter, dated May 9, 2001, from David Ross representing the property owner of the part of the lot containing Embry Way; now a private street. He indicated the property has not yet been acquired by the developer to be incorporated into the subdivision. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:14 p.m. No further action will be taken on the project until the Embry Way street access is resolved.
PAHL FARMS SUBDIVISION
Ms. Bodmer reviewed the Planning Commission recommendation on the request to divide unplatted Pahl property at the northeast corner of 160th Street and Galaxie Avenue into two parcels. The 60-acre piece will be divided into a 14-acre parcel, containing the greenhouse buildings, and a 40-acre parcel. The property owner will provide easements and right-of-way for future Foliage Avenue along the east side of the property.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2001-76 granting a waiver of platting to allow division of Pahl Farms property, in Section 34, into two parcels, on a metes and bounds description basis as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Easement Acquisition and Assessment Deferral Agreement for Foliage Avenue with Pahl Family Limited Partnership, as attached to the Community Development Director’s memo dated May 10, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
TARGET GREATLAND BUILDING EXPANSION
Ms. Bodmer reviewed the Planning Commission recommendation on a proposal to construct a 40,000 square foot addition onto the north and east sides of Target Greatland. The expansion is proposed to add grocery sales to the business. Amendments are required to the planned development zoning to reduce the building setback from 151st Street, reduce the number of parking spaces from 896 to 831, allow additional entrance signage, and allow an increased amount of building coverage on the lot. Target has advised that it is not ready to proceed with construction yet, but asked to have the approvals in place. No action will be taken on easement vacation or utility improvements until the petitioner is ready to begin construction.
MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 691 amending Section A9-5 of Appendix A of the City Code for Planned Development Designation No. 244 applicable to Zone 1 (Southport Centre 2nd Addition) by allowing reduced building setback, reduced number of parking spaces, additional signage, and increased amount of building coverage on the lot, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2001-77 approving the site plan and authorizing issuance of a building permit for expansion of Target Greatland on Lot 1, Block 1, Southport Centre 2nd Addition; with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
PLANNING COMMISSION APPOINTMENT
Mr. Lawell reviewed the memo, dated May 10, 2001, regarding a vacancy on the Planning Commission. Applications were received from eight individuals, however, one of them, Arthur Zimmerman, was appointed to the Traffic Safety Advisory Committee on April 26th. He noted that applicants Eric Greener, Mark Ceminsky, and David Schindler were present.
MOTION: of Grendahl, seconded by Goodwin, nominating Mark Ceminsky, Mark Fredricks, Bob Golike, Eric Greener, Bonnie Anderson Rons, Wilma E. Ruppert, and David Schindler for a position on the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting five names on the first ballot, then three names, then one name. Ayes - 5 - Nays - 0.
The City Clerk distributed ballots to the Council who were asked to each select five names from the seven nominees. After selections were made, they were tallied and the Clerk announced six names remained. The Clerk prepared ballots and distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the Clerk announced that four names remained.
MOTION: of Sterling, seconded by Goodwin, amending the procedure to reduce the number of candidates for appointment, established by Resolution No. 1997-165, by selecting two names on the next ballot and then one name. Ayes - 5 - Nays - 0.
The Clerk prepared ballots and distributed them to the Council who were asked to each select two names of the four listed. After selections were made, they were tallied and the Clerk announced that two names remained. The Clerk prepared ballots and distributed them to the Council who asked to each select one name. After selections were made, they were tallied and the Clerk announced that the name of David Schindler remained.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 2001-78 appointing David Schindler to the Planning Commission for a term expiring March 1, 2002.
The Council thanked all of the applicants for their interest in the position. It was noted that the next Planning Commission meeting is May 16, 2001, and Mr. Schindler said he would be able to attend.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MCES ROSEMOUNT/EMPIRE MASTER PLAN
Mr. Lawell reviewed a notice that Metropolitan Council Environmental Services will he holding a briefing about the Rosemount/Empire Wastewater Treatment Plant Master Plan. If more than two Councilmembers are interested in attending, it should be set as an informal meeting.
MOTION: of Goodwin, seconded by Erickson, setting an informal meeting, at 7:30 p.m., on May 23, 2001, at Lakeville City Hall, for a briefing on the Rosemount/Empire Wastewater Treatment Plant Master Plan. Ayes - 5 - Nays - 0.
SET GROWTH PARTNERSHIP COMMITTEE MEETING
MOTION: of Goodwin, seconded by Erickson, setting the next Economic Growth Partnership Committee meeting, at 7:00 a.m., on May 24th, 2001, at City Hall. Ayes - 5 - Nays - 0.
COMMUNICATIONS & CALENDAR
The Council received a memo dated May 10, 2001, with a calendar listing upcoming events.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated May 3, 2001, in the amount of $3,824,150.26; May 10, 2001, in the amount of $1,546,440.78; and May 14, 2001, in the amount of $4,043,795.18. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:50 o’clock p.m.