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.