CITY OF APPLE VALLEY
Dakota County, Minnesota
August 9, 2001
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 9th, 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 Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Natural Resources Coordinator Colleran, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Administrative Assistant Pederson, 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, 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, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of July 26th, 2001, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-135 accepting, with thanks, the donation of a 1990 Geo Prism automobile, valued at $1,500.00, from Debora Ann Berres for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-136 accepting, with thanks, the donation of a 1988 Chevrolet Beretta automobile, valued at $500.00, from Lyle K. Reiner for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-137 accepting, with thanks, the donation of a 1985 Pontiac automobile, valued at $2,300.00, from Mark T. Senden for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-138 approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley Firefighters Relief Association, for an event on September 15, 2001, at Fire Station No. 1; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-139 approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Christus Victor Lutheran Church, for an event on August 24 and 25, 2001, at 7510 Palomino Drive; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, authorizing the expenditure of $6,000.00 as 2001 annual funding for the Apple Valley Chamber of Commerce as recommended in the Community Development Director’s memo dated July 24, 2001. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving a letter, attached to the Community Development Director’s memo dated August 6, 2001, to the Minnesota Housing Finance Agency stating the City has not formally reviewed the Pennock Valley Apartment development, proposed by Community Housing Development Corporation at the northwest corner of 147th Street and Pennock Avenue; which will require prior zoning and subdivision actions; and authorizing the Mayor to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving reduction of subdivision guarantees for: Sterling Bank, from $4,287.50 to 0; Kwik Trip Fischer Market Place, $2,850.00 to 0; Evermoor Apple Valley, $225,000.00 to $245,000.00; and Superior Storage, $13,500.00 to 0. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 28 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the amount of an additional $10,285.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 2 to the contract with Facilities 2000, Inc., for the Municipal Center Project Carpet in the amount of an additional $450.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 3 to the contract with General Security Services Corporation for the Municipal Center Project Security System in the amount of an additional $760.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-140 requesting a variance to Municipal State Aid rules on construction requirements pertaining to plan approval prior to awarding a contract for Project 00-148, 2001 Street Maintenance Program. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving Traffic Signal Agreement No. 01-09 with Dakota County for maintenance of signals at the intersections of 140th Street with Garden View Drive, Hayes Road, and Pennock Avenue; and at Galaxie Avenue and 153rd Street, as attached to the Public Works Director’s memo dated August 9, 2001; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-141 awarding the contract for refurbishing Unit 4987, 1991 Ford Spartan Gladiator Fire Pumper Truck, to North Central Ambulance Sales & Service, Inc., the low bidder, in the base amount of $26,689.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, approving hiring David L. Stankoski for the full-time position of Building Maintenance I as listed in the Personnel Report dated August 9, 2001. 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 August 9, 2001. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
PALOMINO PROFESSIONAL OFFICE BUILDING
Ms. Bodmer reviewed the Planning Commission recommendation to amend Planned Development Designation No. 144 to allow a veterinary clinic as a permitted use in Zone 5. A two-story, 12,000 square-foot, multiple tenant office building is proposed for the site at the northwest corner of Palomino Drive and Hunters Way. Sketches of the exterior building elevations were reviewed. The Traffic Engineer reviewed the site plan and recommended modification of the grading plan. Grading will be reviewed with the Natural Resources Management Permit required for the site.
MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 698 amending Section A11-2(d) of Appendix A of the City Code by adding subparagraph 10 allowing veterinary clinics with no outdoor pens as a permitted use in Planned Development Designation No. 144, Zone 5; as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 2001-142 approving the site plan and authorizing issuance of a building permit for a two-story office building on Lot 3, Block 1, Kwik Trip Addition; with conditions as recommended by the Planning Commission.
Councilmember Goodwin commented that this is a good use for the site and will complement the neighborhood as a transition and buffer to the Kwik Trip store.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
SEASONS ON THE PARK
Mr. Lovelace reviewed the Planning Commission recommendation on the proposed Seasons on the Park subdivision located at the northeast corner of County Road 38 and Everest Trail. A rezoning from M-6C to R-3 is requested along with a preliminary plat for 24 single family lots on the 12.1-acre site. Prior to the rezoning, a Comprehensive Plan amendment is required. A variance for reduced street right-of-way, from 60 to 50 feet, is also requested to reduce the amount of grading. There will be sidewalks along both sides of public streets and an eight-foot wide pathway along the north side of County Road 38. The possibility of reduced building setback variances for Lots 5 and 6 will be reviewed along with the Natural Resources Management Permit when it is submitted to the Council.
Councilmember Sterling asked if the County will allow a street connection to County Road 38? Mr. Lovelace said it meets the spacing guidelines and can be constructed.
Mayor Hamann-Roland asked how the two ponds on the site fit into the storm water management plan? Mr. Gordon said the ponds will not be lined and allow water to filter into the ground. They will not hold water all of the time and have more of a marsh appearance.
MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 2001-143 authorizing submitting an amendment to the Land Use Map of the Comprehensive Plan, changing the designation of the area being platted as Seasons on the Park from "MD" to "LD", to the Metropolitan Council as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 2001-144 approving the preliminary plat of Seasons on the Park, for 24 single family lots, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, approving a variance allowing reduced street right-of-way, from 60 to 50 feet; and reduced street width, from 34 to 30 feet; for Seasons on the Park subdivision as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2001-145 ordering the City Engineer to prepare a preliminary feasibility report for Project 99-106, Seasons on the Park Utility and Street Improvements. Ayes - 5 - Nays - 0.
2002 BUDGET REVIEW MEETINGS
MOTION: of Goodwin, seconded by Sterling, setting special informal meetings to review the proposed 2002 City Budget, beginning at 5:00 p.m., on September 5th and 7th, 2001, at City Hall. Ayes - 5 - Nays - 0.
COMMUNICATIONS & CALENDAR
Mayor Hamann-Roland thanked Pam Walter, Crime Prevention Specialist, and everyone involved, for organizing successful National Night Out events on August 7, 2001.
Mayor Hamann-Roland thanked Wilt Anderson, Pam Gackstetter, and Andy Pederson for their work on Lebanon Cemetery development. A dedication ceremony at the cemetery is tentatively scheduled for 5:30 p.m., on September 13, 2001.
The Council received a memo dated August 6, 2001, with a calendar listing upcoming events.
CLAIMS AND BILLS
MOTION: of Sterling, seconded by Grendahl, to pay the claims and bills, check registers dated August 2, 2001, in the amount of $894,042.03; and August 8, 2001, in the amount of $844,795.79. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:35 o’clock p.m.