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HomeMy WebLinkAbout01/10/2008 CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 10th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Erickson. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, Liquor Operations Manager Swanson, 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 led by Cub Scouts Dylan Brend, Jeremy Carnicelli, Ian Crookes, David Fuse, Greg Gearing, Joey Gurin, Ben Kuskowski, and Tyler White from Pack 292. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, moving item 4.H to the regular agenda, moving item 5.F to the consent agenda, and approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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. Mr. David Boysen, Property Manager for Palomino East Apartments, asked for clarification regarding snow removal from public sidewalks. Mr. Heuer explained it is the property owner’s responsibility to remove snow and ice from public sidewalks located on their property. 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 Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of December 27, 2007, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Page 2 MOTION: of Goodwin, seconded by Bergman, approving renewal and issuance of licenses and permits for 2008 as listed in the attachment to the City Clerk’s memo dated January 7, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-1 MOTION: of Goodwin, seconded by Bergman, adopting setting a public hearing, at 8:00 p.m., on February 14, 2008, on the application for On-Sale and Sunday Liquor Licenses by UASANDERS, LLC, d/b/a Panino Brothers, on premises located at 7083 153rd Street West, Suite 1. Ayes - 4 - Nays - 0. Resolution No. 2008-2 MOTION: of Goodwin, seconded by Bergman, adopting designating Apple Valley Thisweek as the official newspaper of the City for the year 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-3 MOTION: of Goodwin, seconded by Bergman, adopting designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2008 and accepting its deposit collateral. Ayes - 4 - Nays - 0. Resolution No. 2008-4 MOTION: of Goodwin, seconded by Bergman, adopting designating as additional depositories for City funds for the year 2008: US Bancorp of Minneapolis; Wells Fargo Bank; Northland Securities, Inc.; Dain Bosworth, Inc.; Edward D. Jones & Co.; America Capital Securities; Anchor Bank; Robert W. Baird & Co., Inc.; Mutual Securities; Morgan Stanley; and Piper Jaffray. Ayes - 4 - Nays - 0. Resolution No. 2008-5 MOTION: of Goodwin, seconded by Bergman, adopting appointing Northland Securities, Inc., as the City’s bond consultant for the year 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-6 MOTION: of Goodwin, seconded by Bergman, adopting authorizing execution of a Grant Agreement, for $25,000.00 for the replacement and upgrade of squad car camera technology, with the Office of Justice Programs in the Minnesota Department of Public Safety, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Amended and Restated 2008- 2009 Joint Powers Cost Share Agreement for Pictometry with Dakota County, in the amount of $3,089.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing sale of surplus City VHF radios and associated equipment per state statute and disposal of two Motorola radios, as described in the Fire Chief’s memo dated January 7, 2008. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Page 3 MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 3 to the agreement with Imperial Developers, Inc., Project 05-305, Village at Founders Circle Utility and Street Improvements, in the amount $159,985.19. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Concrete Removal and Replacement Services, as final and authorizing final payment on the contract with Ron Kassa Construction, Inc., in the amount of $11,387.40. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Central Maintenance Facility Access Control System Additions as final and authorizing final payment on the contract with Trans-Alarm, Inc., in the amount of $19,177.78. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Pay Equity Report as attached to the Human Resource Manager’s memo dated January 10, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring and resignation of full time employees as listed in the Personnel Report and Addendum dated January 10, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, appointing the Nealon Thompson to the Dakota County Domestic Preparedness Committee. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA NATIONAL MENTORING MONTH PROCLAMATION Ms. Janet Lekson, from Kids 'n Kinship, read the proclamation declaring January 2008 as “National Mentoring Month”. She commented on the organization's purpose, which is to provide friendships to children ages 5 to 16 who are in need of a positive adult role model. Kids 'n Kinship has operated in Dakota County for 30 years. Currently, there are 22 children from Apple Valley on their waiting list. MOTION: of Mayor Hamann-Roland, seconded by Grendahl, proclaiming January 2008 as “National Mentoring Month” in Apple Valley. Ayes - 4 - Nays - 0. APPLEBEE’S NEIGHBORHOOD GRILL & BAR ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Applebee’s Restaurants North, LLC, d/b/a Applebee’s Neighborhood Grill & Bar for On-Sale Intoxicating Liquor and Special License for Sunday Liquor CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Page 4 Sales as described in her memo dated January 7, 2008, and noted receipt of the affidavit of publication of the hearing notice. The reason for the new application by Applebee’s is a change in corporation. The general manager remains the same. She stated the Police Department completed the necessary background investigation and found no reason the licenses could not be authorized. Mayor Hamann-Roland called the public hearing to order at 8:18 p.m. to consider the application by Applebee’s Restaurants North, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, for On-Sale Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:19 p.m. Resolution No. 2008-7 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of 2008 "On-Sale Liquor" and "Special License for Sunday Liquor Sales" to Applebee’s Restaurants North, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, for premises located at 14678 Cedar Avenue. Ayes - 4 - Nays - 0. EAST VALLEY PLAZA COFFEE DRIVE-THRU Ms. Bodmer reviewed the request by Clear Choice Properties for a Conditional Use Permit for a drive-thru window in conjunction with a Class III restaurant in an “RB” (Retail Business) zoning district at East Valley Plaza, 14050 Pilot Knob Road. The proposed coffee shop would be located on the southwest side of the building, which is approximately 250 to 300 feet away from the nearest residences. She reviewed the three conditions required for the Conditional Use Permit. Ms. Bodmer further reviewed the design for the drive-thru lane. The City’s traffic consultant said the proposed design is safer than allowing vehicles to cross lanes and exit at the same location where they entered the shopping plaza. The plans show installation of a 48-inch high maintenance free fence and 6-foot Black Hills Spruce trees to block headlights. The conditions require the petitioner ensure the screening treatment fully blocks headlights from shining onto nearby residential properties. The Planning Commission reviewed this item at their January 2, 2008, meeting and voted unanimously to recommend approval. Councilmember Grendahl asked how late the coffee shop will be open. Ms. Bodmer said the ordinance limits the hours of operation to 11:00 p.m. Councilmember Bergman said his original concern with this project was the potential impact of headlights overflowing onto neighboring properties. He is glad that issue has been resolved. Councilmember Goodwin questioned the need for the separated exit from the drive thru. Ms. Bodmer said the drive-thru lane exit was separated for safety purposes. She then provided the traffic engineer’s estimates for trips associated with the drive-thru window. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Page 5 Resolution No. MOTION: of Bergman, seconded by Mayor Hamann-Roland, adopting 2008-8 approving a Conditional Use Permit to allow a drive-thru window in conjunction with a Class III restaurant at East Valley Plaza on Lot 1, Block 1, East Valley Plaza 4th Addition (14050 Pilot Knob Road), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. 2008 ACTING MAYOR Resolution No. 2008-9 MOTION: of Goodwin, seconded by Hamann-Roland, adopting appointing Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor, for the year 2008. Ayes - 4 - Nays - 0. 2008 FIREFIGHTERS RELIEF ASSOCIATION STATUTORY MEMBERS MOTION: of Bergman, seconded by Grendahl, appointing Mayor Hamann-Roland and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association Board of Trustees, for the year 2008. Ayes - 4 - Nays - 0. LIQUOR STORE NO. 3 SITE Mr. Lawell said the City currently operates two municipal liquor stores. The City originally got into the liquor business as a result of a citizen vote. There is a market opportunity to add a third liquor store to serve the growing population in the southeast portion of the City. The Council is being asked to consider a purchase agreement for a 1.7 acre site for a third liquor store located on the southeast corner of Pilot Knob Road and 157th Street. The cost is $15.00 per square foot. The purchase agreement contains a number of contingencies. He presented cost comparison for a liquor store recently completed in the City of Lakeville. The difference between Apple Valley’s proposed store and Lakeville’s existing store is $1.64 per square foot, even though the Lakeville store was completed a year ago. If an inflation rate of 5 percent was applied, it is estimated the difference would have been $11.65 per square foot instead of $1.64. Mayor Hamann-Roland noted some of the excess profits from the Liquor Fund are transferred into the General Fund to help pay for parks. There is also the potential that future profits can help pay for fire trucks and other safety equipment. She inquired how the liquor store would be funded. Mr. Lawell explained that liquor operations has its own fund and is responsible for its own expenses. In the past, approximately $450,000 annually has been transferred into the General Fund to help defer property taxes. Councilmember Grendahl asked who would be responsible for the bonds if the worst happened and the liquor store was not successful. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Page 6 Mr. Lawell said it depends on how the bonds are written. The liquor stores have successfully operated in the City for many years, generating excess profits. Traffic on Pilot Knob Road will continue to increase and the population in that area is expected to grow. Combined with the proximity to the new Super Target, it is expected the new liquor store will be profitable as well. Councilmember Grendahl said she did not envision a $5 million liquor store when she first supported looking into a third liquor store. She compared the cost to that of the Municipal Center and noted the size of the proposed store is 4,000 square feet larger than the Lakeville liquor store. Councilmember Goodwin said there is no cost to citizens who do not go to the liquor store. The proposed liquor store may be bigger than the Lakeville store, but a liquor store with more volume generates more revenue. If the City does not build a new store, there will still be profits from the two existing stores. However, it is his understanding that due to the location of the Super Target and other factors, a liquor store in the proposed location will be able to contribute additional money to the General Fund even when paying for the cost of the bonds. He stated many years ago the citizens of Apple Valley voted to get into the municipal liquor business. The results of a vote today may be different. If the City were to get out of the business, it would receive the revenue from the sale of the one store it owns. However, within a few years, it is likely property taxes would need to be raised to make up the difference in revenue from the liquor operations. Councilmember Goodwin stated he believes a new liquor store will be successful. Councilmember Bergman commented about size and cost of the Lakeville liquor store, and questioned the need to go beyond that. He has questions regarding the actual building, but understands the action this evening is only for the acquisition of land. Mayor Hamann-Roland stated the City may be able to get a one-time cost benefit from selling a piece of property, but liquor operations provide ongoing revenue for the General Fund, which would be hard to replace. MOTION: of Goodwin, seconded by Bergman, approving the Purchase Agreement with South Shore Development, Inc., for a 1.7 acre site for Liquor Store No. 3, as attached to the Assistant City Administrator’s memo dated January 10, 2008, with minor revisions as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 3 - Nays - 1 (Grendahl). COUNCIL COMMUNICATIONS Mayor Hamann-Roland thanked the maintenance crews for clearing the roads, sidewalks, and parking lots of snow and ice and thanked public safety personnel for their efforts in keeping the City safe. CITY OF APPLE VALLEY Dakota County, Minnesota January 10, 2008 Page 7 CALENDAR OF UPCOMING EVENTS Councilmember Goodwin stated he would not be present for the February 14, 2008, City Council meeting. MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated January 10, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. Mayor Hamann-Roland suggested staff look at the items coming before the Council for the February 14, 2008, meeting and determine if it is necessary to reschedule the meeting. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated December 31, 2007, in the amount of $24,727,368.61; and January 2, 2008, in the amount of $60,576.34; and January 9, 2008, in the amount of $6,674,189.02. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:02 o’clock p.m.