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HomeMy WebLinkAbout05/25/2006 CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 25, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl ABSENT: City staff members present were: City Administrator Lawell, Assistant City Administrator Grawe, Deputy City Clerk Murphy, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, Human Resources Manager Strauss, Fire Chief Wassmund, Deputy Fire Chief Thompson, and Liquor Store Manager Swanson. 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 City Administrator Lawell stated there were additional items: Proclamation recognizing the dedication of the American Veteran's Memorial, and adding 5.H - Joint Telecommunications Advisory Committee meeting to the regular agenda. MOTION: of Grendahl, seconded by Erickson, 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. Items 4.D.2 and 4.E.1 were moved to the regular agenda, and item 4.J.1 was removed from the agenda. MOTION: of Goodwin, seconded by Grendahl, moving consideration of 4.D.2 – Approve Agreement with City of St. Paul for Traffic and Lighting Infrastructure Maintenance and 4.E.1 - Adopt Resolution Awarding Contract with North Central Ambulance for Fire Ladder Truck, to the regular agenda, removing 4.J.1 - Adopt Resolution Approving Plans and Specifications and Authorizing Advertising for CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 2 Receipt of Bids for Project 03-327, 153rd Street Utility and Street Improvements from the agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of May 11, 2006, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Grendahl). Resolution No. 2006-79 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, the donation of a 2000 Chevrolet Astro Van, valued at $2,000.00, from Debra Willerscheidt-Olson and William J. Olson, for use by the Fire Department in training. Ayes - 5 - Nays - 0. Resolution No. 2006-80 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, the donation of $100.00 towards the purchase of a tree in honor of Rick Kelley. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting a public hearing on June 22, 2006, at 8:00 p.m., on the application for Currency Exchange License by Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter, 7835 – 150th Street W. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Advertising Agreement with Life Media, Inc., as attached to the City Administrator’s and Liquor Operations Manager’s memo dated May 22, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for Reconditioning of Hydrants with Champion Coatings, in the amount of $16,200.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-81 MOTION: of Goodwin, seconded by Grendahl, adopting awarding the contract for Pennock Shores Storm Lift Station Pump Replacement Pump to Electric Pump, Inc., the lowest responsible bidder, in the amount of $38,995.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a five-foot front yard setback variance to allow construction of a covered stoop on a house to within 25 feet of the front lot line on Lot 9, Block 2, Carrollwood Village Third Addition (14370 Guthrie Avenue), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2006-82 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of a CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 3 16,000 square foot building on Lot 1, Block 1, North Star Industrial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2006-83 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a Natural Resources Management Permit, with conditions, for Eastwood Ridge 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting a public hearing for the Planning Commission meeting of June 21, 2006, at 7:00 p.m., to consider residential parking ordinance amendments. Ayes - 5 - Nays - 0. Resolution No. 2006-84 MOTION: of Goodwin, seconded by Grendahl, adopting approving plans and specifications for Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on July 6, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-85 MOTION: of Goodwin, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 05-311, Cobblestone Area Street and Trunk Utilities. Ayes - 5 - Nays - 0. Resolution No. 2006-86 MOTION: of Goodwin, seconded by Grendahl, adopting appointing Michael Marben to the Traffic Safety Advisory Committee. Ayes - 5 - Nays - 0. Resolution No. 2006-87 MOTION: of Goodwin, seconded by Grendahl, adopting approving the position of Fire Marshal in the Public Employees Retirement Association (PERA) Police and Fire Plan. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the promotion of Roy Kingsley to the position of Fire Marshal and approving hiring part-time and seasonal employees listed in the Personnel Report dated May 25, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA TRAFFIC AND LIGHTING MAINTENANCE AGREEMENT WITH CITY OF ST. PAUL Mr. Heuer stated that the cost for services with the City of St. Paul is very reasonable and cannot be matched with another contractor. In the event of a major storm, it is unlikely that the Cities of St. Paul and Apple Valley would both experience severe damage. The City of St. Paul is a great resource to offer repair services in addition to Dakota County since Dakota County may be dealing with their own issues in the surrounding cities. The City of St. Paul is also willing to take smaller projects and the cost is more reasonable than what the City of Apple Valley can get on the private market. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving the Traffic and Lighting Infrastructure Maintenance Agreement with the City of St. Paul, as attached to the Public Works Director’s memo dated May 25, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. PROCLAMATION FOR AMERICAN VETERAN'S MEMORIAL State Representative Lloyd Cybart was present to read the proclamation formally recognizing the dedication of the American Veteran's Memorial. The dedication will take place May 29, 2006, at the American Legion Post 1776 at 14521 Granada Drive at Veteran's Park behind the Legion. Governor Pawlenty will be present for the memorial dedication at 1:00 p.m. MOTION: of Erickson, seconded by Grendahl, approving the proclamation formally recognizing the dedication of the American Veteran's Memorial. Ayes - 5 - Nays - 0. DIAMOND GATES TEMPORARY SALES BUILDING Ms. Bodmer addressed the Council regarding the Diamond Gates temporary sales building which was previously tabled from the last Council meeting. Ms. Bodmer was in receipt of a letter from James Povolny, Vice President of J & H Development, LLC. The developer elected to dismantle the sales center and move to a new location. The request for an extension is being terminated and no further action is required by the City. The developer's letter states he will have the site cleared by June 2, 2006. Discussion led to removal of the trailer, signage, and clean-up of the site by the deadline date. If the deadline is not met, legal action will be pursued. Resolution No. 2006-88 MOTION: of Erickson, seconded by Bergman, adopting denying extension of the building permit for temporary sales building in connection with the Diamond Gates Development, located at 140th Street W. and Cedar Avenue. Ayes - 5 - Nays - 0. 2006 SPECIAL ASSESSMENT ROLL 544 Mayor Hamann-Roland called the public hearing to order, at 8:27 p.m., on Special Assessment Roll No. 544 and noted receipt of the affidavit of publication of the hearing notice. Mr. Ballenger described the assessment roll, totaling $100,959.48 for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:28 p.m. Resolution No. 2006-89 MOTION: of Bergman, seconded by Goodwin, adopting approving and levying 2006 Special Assessment Roll No. 544, delinquent utility charges, in the total amount of $100,959.48. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 5 SONG LONG RESTAURANT ON-SALE WINE & BEER LICENSES Mayor Hamann-Roland called the public hearing to order at 8:30 p.m. to consider the application of Song Long, Inc., d/b/a Song Long, for an on-sale wine license and noted receipt of the affidavit of publication of the hearing notice. Mr. Lawell reviewed the application as described in the City Clerk’s memo dated May 22, 2006. The licensed premise is a restaurant in Granada Shopping Center, located at 14871 Granada Drive. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:31 p.m. Resolution No. 2006-90 MOTION: of Erickson, seconded by Grendahl, adopting approving issuance of 2006 on-sale wine and 3.2 percent malt liquor licenses to Song Long, Inc., d/b/a Song Long, for premises located at 14871 Granada Drive, subject to approval of the wine license by the Minnesota Commissioner of Public Safety. Ayes - 5 - Nays - 0. VILLAGE AT FOUNDERS CIRCLE UTILILTY AND STREET IMPROVEMENTS Mr. Manson reviewed the need to reroute the sanitary sewer due to the conflict with existing sanitary sewer from the west. There would be additional cost and also problems for traffic flow if the rerouting is not done. A decision was made to reroute the sanitary sewer farther south and then east. The sanitary sewer lines would be longer but the cost would be the same since no additional street reconstruction would be necessary. Engineering anticipates the closing of roads less than a day when the construction of the utilities crosses 153rd Street and the temporary Founders Lane. The sanitary sewer south of 152nd Street and west of Galaxie Avenue would be extended to accommodate three future building pads. Due to the construction of underground parking garage, requests to complete the water main on the south side of the triangle would be delayed for another year. The storm sewer pond will be divided into two ponds with an upper pond that is sealed and will be used to remove sediment and pollutants. A lift station will be installed to keep the level in the smaller west pond higher. Councilmember Bergman expressed concern for damage to the roundabout during construction of the parking ramp. Mr. Manson stated truck will enter 153rd Street from the west and continue onto the temporary Founders Lane to access the area where the parking ramp will be constructed. The trucks will continue on Founders Lane as they exit the construction site to access to Galaxie Avenue. Mayor Hamann-Roland called the public hearing to order at 8:44 p.m. to consider approving plans and specifications and authorizing advertising for receipt of bids for Project 05-305, Village at Founders Circle Utility and Street Improvements. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 6 The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:45 p.m. Resolution No. 2006-91 MOTION: of Bergman, seconded by Erickson, adopting approving plans and specifications for Project 05-305, Village at Founders Circle Utility and Street Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on July 6, 2006. Ayes - 5 - Nays - 0. TOBACCO VALLEY Mr. Lawell reviewed the application as described in the City Clerk’s memo dated May 22, 2006. The licensed premise Tobacco Tree, Inc., d/b/a Tobacco Valley is located at 7546 - 149th Street W. The license would be in effect through December 31, 2007. The Police Department conducted a background check on the applicant. The owner was previously sited for selling without a license and appeared in court where he pled guilty. The petitioner, Ibrahim Aqel, 681 Cedar View Ct., Shoreview, Minnesota, was present to speak. He apologized for what happened regarding the sale of products without a license. The sale was not done by him personally but he took responsibility as being the owner. Council discussed other issues pending the issuance of the Certificate of Occupancy and asked that the applicant work with one staff member to remain in compliance in the future. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a new License for Sale of Tobacco and Tobacco Products to Tobacco Tree, Inc., d/b/a Tobacco Valley, at 7546 – 149th Street w., as described in the City Clerk’s memo dated May 22, 2006. Ayes - 5 - Nays - 0. INDUSTRIAL LAND USE STUDY Mr. Lovelace reviewed the need for a planning study to specifically identify the amount of land needed within the City for future industrial land uses. He noted that the City’s Comprehensive Plan currently identifies approximately 750 acres of land within the South Central Planning Area for Mixed Use development. He further explained that this land is zoned for a variety of future uses, including commercial, industrial and medium and high density residential. However, the Comprehensive Plan does not specifically identify how much land should be allotted for these various uses. The City has been approached by property owners and developers inquiring about the potential for residential development on vacant property in this area. The Planning Commission members expressed concern over the continued loss of industrially zoned property for residential use. Members of the City Council have expressed a similar concern. Mr. Lovelace recommended that the City undertake a study of future industrial land use for all properties currently designated as CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 7 Mix-Mixed Use on the 2020 Land Use Map as adopted as part of the City’s Comprehensive Guide Plan and which are also zoned Limited Industrial (I-1), General Industrial (I-2) or Sand and Gravel (S&G) under the City’s Zoning Ordinance. This study would affect approximately 450 acres of property. An ordinance which would amend the City’s land usage ordinance by authorizing an Interim Use Study and prescribing certain development limitations on the affected property during the study period was presented. The ordinance called for a study period of no more than six months. Council supported the need for the land use study and would like it completed in 90 days if possible. The potential need for a consultant was mentioned in view of the fact that the Planning staff is short one person at this time. MOTION: of Erickson, seconded by Grendahl, approving the preparation of a future industrial land use study for all properties currently designated as Mix-Mixed Use on the 2020 Land Use Map as adopted as part of the City’s Comprehensive Guide Plan and which are also zoned Limited Industrial (I-1), General Industrial (I-2) or Sand and Gravel (S&G) under the City’s Zoning Ordinance, approving waiving of Ordinance No. 791 the second reading, and approving amending Title XV by adding Chapter 157, entitled “Interim Use” and Section 157.01, entitled “Interim Use: Study of Industrial and Zoning Districts”. Ayes- 5 – Nays 0. NORTH CENTRAL AMBULANCE FOR FIRE LADDER TRUCK Fire Chief Keith Wassmund and Mr. Thompson presented the results from the bid opening of April 19, 2006, for a new aerial truck. Two bids were received and reviewed by the Truck Committee. The truck would be maintained by the City's Fleet Maintenance Division. They have worked on the Spartan Chassis model in the past and are familiar with them. The Truck Committee feels the truck from North Central Ambulance is comparable to the current ladder truck and requests Council approve the purchase. Councilmember Bergman was concerned the price was 2.7% over the budgeted amount. Mr. Thompson said the cost is higher due to the price of steal and the fact the market went up since the research was done last fall. Mayor Hamann-Roland asked if the truck could be rebid. Mr. Wassmund stated rebidding could raise the cost due to the 2007 guidelines. He said it is the Fire Department's goal to keep on a 21- year cycle for replacement. Councilmember Grendahl inquired what kind of sharing Apple Valley does with other cities. Mr. Thompson stated the City has mutual aid agreements with other cities. Currently, the City of Eagan has a 100-foot ladder truck and the City of Lakeville has just awarded the bid for a 100- foot ladder truck. Mr. Thompson feels the 75-foot ladder truck meets the City's needs. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2006 Page 8 Councilmember Erickson stated that waiting for a truck coming in from another city can make the difference in saving a life or losing a building. He said the budget is only a series of estimates. Councilmember Goodwin noted Apple Valley has a volunteer fire department that has resulted in substantial savings for the City. Resolution No. 2006-81 MOTION: of Goodwin, seconded by Grendahl, adopting awarding the contract for Quint Fire Apparatus with Pump and 75’ Ladder to North Central Ambulance, the lowest responsible bidder, in the amount of $580,810.00. Ayes - 5 - Nays - 0. TELECOMMUNICATIONS JOINT MEETING Mr. Lawell suggested the Council set a joint meeting with the Telecommunications Advisory Committee on June 5, 2006, to discuss the Fiber Optic project and the equipment master plan for communications. MOTION: of Bergman, seconded by Grendahl, approving the date of June 5, 2006, 7:30 p.m. for a joint meeting with the Telecommunications Advisory Committee at the Municipal Center. Ayes - 5 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated May 22, 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 Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated May 18, 2006, in the amount of $672,179.84; and May 24, 2006, in the amount of $2,675,698.37. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:37 o’clock p.m.