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HomeMy WebLinkAbout02/14/2008 CITY OF APPLE VALLEY Dakota County, Minnesota February 14, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 14th, 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, Parks Maintenance Superintendent Adamini, Finance Director Ballenger, Assistant City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, 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 to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, approving the agenda for tonight’s meeting as written. 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. No one requested 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of January 24, 2008, as written. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving issuance of a 2008 On-Sale 3.2 Percent Malt Liquor License to Joel Watrud, d/b/a Apple Valley Golf Course, at 8661 – 140th Street W. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 2 MOTION: of Grendahl, seconded by Goodwin, approving renewal of the City’s property, liability, workers’ compensation, and umbrella insurance coverage for March 1, 2008, through March 1, 2009, with the League of Minnesota Cities Insurance Trust at a total premium of $769,813.00, as described in the Finance Director’s memo dated February 11, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Client Services Agreement with Bill Velin of Acordia of Minnesota, Inc., as the Agent of Record from March 1, 2008, through March 1, 2009, at a total premium of $7,000.00, as described in the Finance Director’s memo dated February 11, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-18 MOTION: of Grendahl, seconded by Goodwin, adopting establishing a fire lane at Cobblestone Lake Target (Lot 1, Block 1, Cobblestone lake Commercial). Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the reduction of financial guarantees for Valley Oaks Estates NRMP from $66,562.50 to $10,750.00 and 13646 Gossamer Way NRMP from $8,300.00 to $1,250.00, as listed in the Community Development Department Assistant’s memo dated February 14, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the 2008 annual excavation permit for commercial sand and gravel mining operations by Fischer Sand & Aggregate, LLP, to include extended Saturday and nighttime hauling hours as previously approved by Resolution Nos. 2006-228, 2006-229, and 2006-230. Ayes - 4 - Nays - 0. Resolution No. 2008-19 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on March 13, 2008, to consider vacating easements on Lot 1, Block 1, Chateau Estates Sixth Addition (13599 Harwell Path). Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Reservoir Lease Agreement with T-Mobile Central, LLC, for Valleywood tower, as attached to the Public Works Director’s memo dated February 14, 2008, subject to minor revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2008-20 MOTION: of Grendahl, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 07-377, 2008 Street Maintenance. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 3 Resolution No. 2008-21 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for 2008 Outdoor Pool Water Management, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 6, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-22 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Battery Powered Self-Propelled Ice Resurfacing Machine for Hayes Park Arena, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 6, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 04-277, Well No. 19 Pumping Facility, as final and authorizing final payment on the contract with Rice Lake Construction in the amount of $17,047.22. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 03-237, 153rd Street Utility and Street Improvements, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $43,421.08. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, accepting Project 98-500, Embry Estates Utilities and Street Improvements, as final and authorizing final payment on the contract with Holst Excavating, Inc., in the amount of $53,372.23. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 832 and passing amending the Fee Schedule appendix of Title III Section 96.06 of the City Code by adding Public Right of Way Excavations/Obstructions Permit at a fee of $25.00. Ayes - 4 - Nays - 0. Resolution No. 2008-023 MOTION: of Grendahl, seconded by Goodwin, adopting appointing Jon Rechtzigel as the Police Department Representative to the Traffic Safety Advisory Committee. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the hiring of full-time and seasonal employees and accepting resignations as listed in the Personnel Report dated February 14, 2008. Ayes - 3 - Nays - 0 - Abstain - 1 (Hamann-Roland). END OF CONSENT AGENDA PANINO BROTHERS ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by UASANDERS, LLC, d/b/a Panino Brothers for On-Sale Liquor and Special License for Sunday Liquor Sales as described in her memo dated February 11, CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 4 2008, and noted receipt of the affidavit of publication of the hearing notice. The restaurant will seat approximately 82 people, and is located in the retail area of the GrandStay Hotel in the Central Village, at 7083 153rd Street W., Suite 1. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized. The owners have indicated the restaurant will open on or about March 1, 2008. Mayor Hamann-Roland called the public hearing to order at 8:04 p.m. to consider the application by UASANDERS, LLC, d/b/a Panino Brothers, for On-Sale Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. Mr. Josh Sanders, President of UASANDERS, LLC, was present. He distributed their first “to-go” menu and described a panino, which is their main product. Mayor Hamann-Roland asked if there were any additional questions or comments from the Council and audience. There were none and the hearing was declared closed at 8:07 p.m. Resolution No. 2008-24 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of 2008 "On-Sale Liquor" and "Special License for Sunday Liquor Sales" to UASANDERS, LLC, d/b/a Panino Brothers, for premises located at 7083 153rd Street W., Suite 1. Ayes - 4 - Nays - 0. COBBLESTONE LAKE COMMERCIAL 3RD ADDITION – LIQUOR STORE NO. 3 Mr. Lovelace reviewed the request by South Shore Development and the City of Apple Valley for rezoning of a 1.7 acre lot from zone 8 to zone 6 of “PD-703”; ordinance amendments which would reduce the required setback for buildings on property adjacent to Pilot Knob Road and south of 157th Street, from 50 feet to 25 feet; a preliminary plat to subdivide 97 acres into one lot and four outlots; and site plan/building permit authorization to allow for construction of a 15,757 square foot retail store on a 1.7 acre lot. The property is generally located on the northeast corner of 160th Street and Pilot Knob Road. The 1.7 acre site for the retail store, or municipal Liquor Store No. 3, is located on the southeast corner of 157th Street and Pilot Knob Road. Mr. Lovelace reviewed proposed right-of-way and drainage and utility easements, as well as the site plan, grading plan, utility plan, landscape plan, and elevation drawings for Liquor Store No. 3. The Planning Commission held a public hearing on February 6, 2008. There were no adverse comments. At that time, the Planning Commission voted unanimously to recommend approval. Councilmember Bergman asked if the County was looking for additional right-of-way on the east side of Pilot Knob Road or only the west side. Mr. Lovelace responded the request is for additional right-of-way on the north, south east, and west sides of the 160th Street and Pilot Knob Road intersection. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 5 MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 833 and passing rezoning Lot 1, Block 1, Cobblestone Lake Commercial 3rd Addition, according to the preliminary plat, from “PD-703/Zone 8” to “PD-703/Zone 6”, and Planned Development ordinance amendments. Ayes - 3 - Nays - 1 (Grendahl). Resolution No. 2008-25 MOTION: of Bergman, seconded by Goodwin, adopting approving the preliminary plat of Cobblestone Lake 3rd Addition, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 1 (Grendahl). Resolution No. 2008-26 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for construction of a 15,757 square foot retail building on Lot 1, Block 1, Cobblestone Lake Commercial 3rd Addition, according to the preliminary plat, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 1 (Grendahl). Mr. Swanson presented information on the City’s current liquor operations and the proposed liquor store, comparisons between Apple Valley’s liquor stores and other municipal liquor stores, facts relating to warehouse size, sales floor space, and bulk purchasing, as well as the proposed budget. Councilmember Grendahl asked if staff also compared its operations to privately-owned liquor stores. Mr. Swanson said it is almost impossible to compare private and public operations because there is no reason for privately-owned liquor stores to share financial information with a public entity. Councilmember Grendahl asked if Mr. Swanson knew of any privately-owned liquor stores that had a $5 million building. Mr. Swanson stated the liquor store on France Avenue and 44th would be considerably more than $5 million. The City’s proposed store would be near the top for a municipal liquor store; however, there are several privately-owned liquor stores with more expensive buildings. Councilmember Grendahl said she has heard from a number of residents that they will not shop in Apple Valley’s liquor stores because the prices are too high. She recommended staff conduct price comparisons more than once a year to ensure its prices are competitive. She also expressed concern that the revenue currently received from the liquor operations may be in jeopardy should the new liquor store not be successful. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 6 Mr. Swanson stated the bonds will be backed by the entire liquor operation, and the operation is large enough to support the bonds. Should the new store struggle, the sale of the property, building, and inventory of the new liquor store should cover the bonds. Mayor Hamann-Roland said that is a pretty safe investment. In addition, it supports parks and recreation programs and has the potential to support other things such as public safety. Councilmember Bergman thanked City of Lakeville employees for taking the time to share information and provide tours of their stores. He initially had concerns expending $5 million for a liquor store. However, after all of his investigation into the matter, he feels confident the City’s investment will be well protected. He noted the City of Bloomington, with a population of 80,000, has 23 liquor stores. Councilmember Goodwin asked if staff had projected sales with the addition of the new store. Mr. Swanson responded that sales are expected to go from $7 million to $10 million for the chain of stores. Councilmember Goodwin stated if the City was not in this business already, he would not vote to get into it. However, the City is in this business as a result of a vote of the citizens. The citizens believed the City would do a better job of controlling distribution. Liquor operations currently transfers over $400,000 into the General Fund annually. Without the liquor stores, the City would need to find a means to replace that revenue. Citizens who choose not to purchase from the Apple Valley liquor stores are not paying for the store, because liquor operations are not funded from property taxes. Councilmember Goodwin then commented about the advantage of being located near Target. He is confident the new liquor store will be successful. He acknowledged it will be a big store, but big stores generate more revenue. As long as the City is in the liquor business, it should do its best to make as much money as it can. Mayor Hamann-Roland stated Target is known for conducting some of the best market research in the country. Locating near a Target is a business person’s dream. Resolution No. 2008-27 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Liquor Store No. 3, and authorizing advertising for receipt of bids, at 2:00 p.m., on March 18, 2008. Ayes - 3 - Nays - 1 (Grendahl). MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Commissioning Services for Liquor Store No. 3 with CNH Architects, as attached to the Assistant City Administrator’s memo dated February 14, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 1 (Grendahl). CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 7 CEMETERY ADVISORY COMMITTEE Mayor Hamann-Roland said the City has received a letter of resignation from Cemetery Advisory Committee Member Harry Wolter, who has served on the Committee since 2005. She invited citizens interested in applying for this vacancy to submit an application to the City Clerk by March 31, 2008. MOTION: of Grendahl, seconded by Goodwin, accepting the resignation from Cemetery Advisory Committee Member Harry Wolter, and thanking him for his dedicated service to the City of Apple Valley. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Bergman invited the public to attend the Metropolitan Airports Commission (MAC) meeting on February 29, 2008, at 7:00 p.m., at the Ramada Bloomington. Mayor Hamann-Roland described a tabletop Water Protection Emergency Preparedness exercise hosted by the City of Apple Valley earlier today. The Emergency Management Coordinator from Dakota County stated it was the best tabletop exercise he had ever seen. The Mayor commended all involved and noted Apple Valley is well prepared for a water emergency. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated February 11, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated January 30, 2008, in the amount of $7,490,491.08; February 6, 2008, in the amount of $6,634,668.62 and February 13, 2008, in the amount of $2,523,294.81. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:59 o’clock p.m.