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HomeMy WebLinkAbout04/13/2006 CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 13, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Police Captain Anglin, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, 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 Grendahl, seconded by Erickson, adding item 4.N – Adopt Resolution Supporting Dakota County Application for Blue Cross Blue Shield Communities Grant, and 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 Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Grendahl, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of March 23, 2006, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 2 MOTION: of Grendahl, seconded by Goodwin, proclaiming April 28, 2006, as “Arbor Day” and May 2006, as “Arbor Month”, and encouraging citizens to participate in tree planting programs. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the Police Department’s 2005 Annual Report. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving the memo from Police Chief Johnson on Severe Weather Awareness Week, April 17 – 21, 2006, as proclaimed by Governor Pawlenty, with two tornado drills scheduled for April 20, 2006, with sirens sounding at 1:45 p.m. and 6:55 p.m. Ayes - 5 - Nays - 0. Resolution No. 2006-47 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing execution of an Agreement with the Dakota County Traffic Safety Group for Safe & Sober Memorial Day Enhanced Enforcement Grant, and authorizing the Police Chief to sign the grant contract. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Contract with Dan Bale as Team Leader for the 2006 Wetland Health Evaluation Program, at a cost of $2,000.00, as attached to the Natural Resources Coordinator’s memo dated April 13, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-48 MOTION: of Grendahl, seconded by Goodwin, adopting designating 1.31 miles of additional streets on the Municipal State Aid Street System as described in the City Engineer’s memo dated April 10, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-49 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Embry Estates, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-50 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Project 98-500, Embry Estates Utility and Street Improvements, to Holst Excavating, Inc., the low bidder, in the amount of $561,059.00. Ayes - 5 - Nays - 0. Resolution No. 2006-51 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Municipal Center Fire Alarm System Project; and authorizing advertising for receipt of bids, at 2:00 p.m., on May 4, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-52 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Project 05-307, 2006 Street Maintenance Project, to McNamara Contracting, Inc., the low bidder, in the amount of $1,004,249.05. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 3 MOTION: of Grendahl, seconded by Goodwin, approving the Addendum Agreement to the contract with Environmental Management Solutions, Inc., for Project 06-318, Fischer Property Environmental Assessment, at a cost not to exceed $18,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Concrete Raising and Leveling Services with Able Concrete Raising, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated April 13, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Painting of New Steel Fence Sections with Budget Sandblasting & Painting, Inc., in the amount of $26,442.00, as attached to the Street Superintendent’s memo dated April 13, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Sealing Decorative Concrete and Block Retaining Wall with Budget Sandblasting & Painting, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated April 13, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for Parks Asphalt Projects with Dakota Blacktop, in the amount of $24,495.00, as attached to the Parks Maintenance Superintendent’s memo dated April 13, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring Jerry Jacobs to the position of Maintenance Worker I, as listed in the Personnel Report dated April 13, 2006. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring Charles Kopesky to the position of Maintenance Worker I, as listed in the Personnel Report dated April 13, 2006. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring part-time and seasonal employees listed in the Personnel Report dated April 13, 2006. Ayes - 4 - Nays - 0 - Abstain - 1 (Hamann-Roland). Resolution No. 2006-53 MOTION: of Grendahl, seconded by Goodwin, adopting supporting Dakota County application for Blue Cross Blue Shield Active Communities Grant, CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 4 as described in the Associate City Planner’s memo dated April 10, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER LUETTEL Police Captain Rechtzigel introduced newly hired Police Officer Corey Luettel to the Council. The City Clerk administered the oath of office to Officer Luettel. Police Chief Johnson then presented him with his badge. The Council congratulated Officer Luettel and welcomed him to his new position. AUTISIM AWARENESS AND SEEK AND FIND PROGRAM FAIR Mr. Johnson read the proclamation declaring April 2006 National Autism Awareness Month. In connection with Autism Awareness Month, the Parks and Recreation Department is hosting a SEEK and Find Program Fair on April 20, 2006, from 5:00 to 7:00 p.m., at the Apple Valley Community Center. The purpose of the Fair is to help families with children who have special needs find programs and activities to play and recreate. Social service agencies from the area will be on site to provide information on various programs they offer. MOTION: of Erickson, seconded by Bergman, proclaiming April 2006 as “National Autism Awareness Month” and recognizing the SEEK and Find Program Fair on April 20, 2006, helping families with special needs find recreational opportunities. Ayes - 5 - Nays - 0. Mr. Johnson thanked Shelley Madore, who was present, and Steve Skinner for their efforts in organizing this event. LIVABLE COMMUNITIES ACT GRANT Mr. Lovelace said the Metropolitan Council awarded the City a Livable Communities Demonstration Account (LCDA) grant in the amount of $425,000.00 to construct a splash pad, waterfall/entry feature, and playground equipment in Kelley Park. District 16 representatives Councilmember Brian McDaniel and Sector Representative Patrick Boylan were present and presented the Council with an LCDA Grant Award Certificate. MOTION: of Grendahl, seconded by Goodwin, approving the Livable Communities Act Grant Agreement for $425,000.00 with the Metropolitan Council for Central Village – Legacy Park North (Kelley Park), as attached to the Acting Community Development Director’s memo dated April 10, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 5 THE VILLAGE AT FOUNDERS CIRCLE Ms. Dykes described the request by Pedersen Ventures for a preliminary plat for The Village at Founders Circle subdividing 19 acres into 5 lots and 1 outlot and the request for three site plan/building permit authorizations. The first site plan/building permit authorization is for a 350- space underground parking garage and 150-space at-grade parking lot; the second is for 3 buildings with 197 residential units, approximately 52,000 square feet of commercial uses, and an approximately 45,000 square-foot residential plaza; and the third is for the Grandstay Hotel, with 78 units and 11,000 gross square feet of retail. The property is located southeast of the intersection of Garrett Avenue and 152nd Street and west of Galaxie Avenue in the Central Village. She recapped the Central Village Plan, which was adopted by the Council in 2002, and shows the one-way split of 153rd Street. The Plan was developed by the City with the advice of planning and traffic consultants, as well as market analysis, to set the vision and help define the Central Village. A primary goal was to create a more pedestrian-friendly downtown. The reason 153rd Street was split was to further create a more walkable space. She reviewed each of the applicant’s requests as described in the staff report as well as sketch plans, grading plans, and elevation drawings. Staff believes the applicant’s proposal meets the guidelines of the Central Village Plan. Three questions were raised at the public hearing on March 15, 2006. They were regarding closing of 153rd Street, the phasing plan, and the exterior of the Grandstay hotel. She noted every effort will be made to keep 153rd Street open; the proposed phasing plan is approximately six years; and the Grandstay Hotel will have a stucco exterior. The Planning Commission voted unanimously to recommended approval. Councilmember Grendahl asked how the City would ensure ownership of the 55 public parking spaces. Ms. Dykes said it will either be stated in the business subsidy agreement or the City will require an easement. Councilmember Bergman asked if the pond was included on Outlot A, if residents would be able to access their homes from street level, and what type of trees would be placed inside the four- story triangle. Ms. Dykes said the pond swap will occur in the future, residents will be able to access their homes at street level, and the Natural Resources Coordinator will review the developer’s landscape plan to ensure location and species of trees are appropriate. Councilmember Goodwin noted discussions about the Central Village started several years ago. He asked Ms. Dykes to clarify for the audience whether the developer of this project requested 153rd Street be split or whether the development was designed around a plan the City created. Ms. Dykes said the development was created as a result of the City’s plan and that splitting 153rd Street was part of the City’s Central Village Plan to foster a pedestrian-friendly area. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 6 Councilmember Goodwin questioned the amount of proposed retail space. Ms. Dykes said there have been several previous plans. However, the plan presented this evening is fairly similar in the amount of commercial space as the original plan, although the configuration is different. Councilmember Goodwin noted the ring route was created to move traffic. He asked how one- way roads compare to two-way roads in their ability to carry traffic. Mr. Sohrweide, the City’s Traffic Consultant, said one-way streets carry more traffic better. Mr. Sohrweide then reviewed recent traffic counts and traffic forecasts. He said to convert 153rd Street to a two-way road at this time would create traffic flow problems, turning conflicts, and decrease level of service ratings. Councilmember Bergman asked if the roundabout on 153rd Street would reduce traffic. Mr. Sohrweide said he did not anticipate it because roundabouts handle traffic better than a traffic signal. Councilmember Grendahl asked Mr. Sohrweide if he could recommend any retrofit which would improve traffic. Mr. Sohrweide said no. Resolution No. 2006-54 MOTION: of Grendahl, seconded by Erickson, adopting approving the preliminary plat of The Village at Founders Circle, for 5 lots and 1 outlot, with conditions, as recommended by the Planning Commission. Councilmember Bergman requested the four-foot screening wall along Founders Boulevard be a solid wall with landscaping. Mr. Rod Lindquist, of Grandstay Hotel, said he is flexible with the type of wall he builds. He noted it was because a Planning Commissioner did not like the solid wall he recommended breaking it up with bollards and shrubbery. He further noted a screening wall with bollards may feel less confining to guests. Ms. Dykes said the Central Village Plan calls for a masonry wall, but the ordinance states a visually impervious screen. Mayor Hamann-Roland suggested the developer and staff work together on the screening design. Councilmember Bergman questioned if the color of the wrought iron would still be red. Ms. Dykes said the Planning Commission commented about the color of gateway amenities on the ring route, but not on private property. Councilmember Goodwin said that based on traffic counts presented earlier, there is an approximate 10 to 12 percent reduction in traffic on 153rd Street since the road was split. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 7 He believes this number is significantly lower than the public’s perception regarding the reduction in traffic on 153rd Street. Councilmember Erickson clarified the capacity for traffic on 153rd Street still exists, people have chosen to travel elsewhere. Vote was taken on the motion: Ayes - 5 - Nays - 0. Resolution No. 2006-55 MOTION: of Bergman, seconded by Goodwin, adopting approving the site plan and authorizing issuance of building permit for an underground garage and an at-grade parking lot, with conditions, as recommended by the Planning Commission Councilmember Grendahl requested a condition be added to include signage which indicated the at-grade parking is intended primarily for public use. Vote was taken on the motion: Ayes - 5 - Nays - 0. Resolution No. 2006-56 MOTION: of Bergman, seconded by Erickson, adopting approving the site plan and authorizing issuance of building permits for construction of the Landmark Building, the Concourse Building, and the Southport Building, and an approximately 15,000 square-foot residential plaza, with conditions, as recommended by the Planning Commission. Ayes - 5- Nays - 0. Resolution No. 2006-57 MOTION: of Grendahl, seconded by Hamann-Roland, adopting approving the site plan and authorizing issuance of a building permit for construction of the Grandstay Hotel, with conditions, as recommended by the Planning Commission.. Ayes - 5- Nays - 0. Resolution No. 2006-58 MOTION: of Goodwin, seconded by Erickson, adopting ordering preparation of a preliminary engineering feasibility report for Project 05-305, Village at Founders Circle Utility and Street Improvements. Ayes - 5 - Nays - 0. NOISE OVERSIGHT COMMITTEE (NOC) REPRESENTATION Mr. Lawell said on March 15, 2006, the Metropolitan Airports Commission (MAC) Noise Oversight Committee (NOC) voted unanimously to expand the communities represented by the At-Large Community Group to include Apple Valley. The At-Large Community Group will select its representative to serve on the NOC. MAC has requested Apple Valley appoint a representative for the At-Large Community Representative election. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2006 Page 8 MOTION: of Hamann-Roland, seconded by Grendahl, appointing John Bergman Apple Valley’s Representative to the Noise Oversight Committee At-Large Community Group, and Tom Lawell as Alternate. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Grendahl provided an update on the Metropolitan Council Livable Communities Demonstration Account grant program. The program will operate under similar guidelines as last year with the exception that private parking and amenities will no longer be eligible for grant dollars. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated April 10, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated March 30, 2006, in the amount of $402,364.02; April 5, 2006, in the amount of $2,472,104.24; and April 13, 2006, in the amount of $1,925,271.00. Ayes - 5 - Nays - 0. CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Grendahl, seconded by Goodwin, to enter into a closed meeting and convene in closed session to discuss LELS Police Officers union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 9:43 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Strauss; Police Chief Johnson; and Police Captains Anglin and Rechtzigel. The meeting was tape recorded as required by law. The Council reconvened in open session at 10:05 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:05 o’clock p.m.