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HomeMy WebLinkAbout03/27/2008 CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 27th, 2008, at 8:03 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin and Grendahl. ABSENT: Councilmember Bergman. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Public Works Superintendent Blommel Johnson, Community Development Director Nordquist, Human Resources Manager Strauss, Liquor Operations Director Swanson, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:03 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Goodwin, removing items 4.H and 5.C from the agenda, and approving the agenda for tonight’s meeting as amended. Ayes - 3 - 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. Ed Kearney, Apple Valley Chamber of Commerce President, was present. He stated the Minnesota Zoo expansion won the main award from the Minneapolis Convention & Visitors Association. He then invited the public to the Apple Valley Home and Garden Expo, a free event on April 5, 2008, from 9:00 a.m. to 3:00 p.m., at the Western Service Center. He stated the Chamber of Commerce office moved to the first floor of the same building this week. Walk-in traffic has tripled since the move. He ended by thanking the Mayor, City Administrator, and Community Development Director for their help in working with the business community regarding Cedar Avenue. 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 Grendahl, approving all items on the consent agenda as amended. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 2 CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of March 13, 2008, as written. Ayes - 3 - Nays - 0. Resolution No. 2008-53 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Southview Elementary Parent Teacher Organization at Southview Elementary School, for use on May 16, 2008, and waiving any waiting period for State approval. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a Special Outdoor Temporary Event at Rascal’s Bar & Grill Parking Lot, 7721 147th Street West, on July 19 and 20, 2008, and closing portions of 147th Street and Granada Drive. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the 2007 Annual Cable and Telecommunications Report. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the 2007 Annual Traffic Safety Advisory Committee Report. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, amending the Fund Balance (Reserve) Policy adopted on December 9, 2004, to allow recording of uncompensated absences in a benefit account of an Internal Service Fund. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing application to the Federal Emergency Management Association (FEMA) for 2008 Assistance to Firefighters Grant. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the proposal dated February 25, 2008, from The Brimeyer Group for Phase II – Public Works Director recruitment and screening, in an amount not to exceed $7,000.00 plus expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Resolution No. 2008-54 MOTION: of Goodwin, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on April 24, 2008, to consider vacating easements on Lot 1, Block 9, and Lots 1, and 2, Block 10, The Legacy of Apple Valley North. Ayes - 3 - Nays - 0. Resolution No. 2008-55 MOTION: of Goodwin, seconded by Grendahl, adopting approving plans and specifications for Project 05-294, Wheaton Pond Storm Water Improvements; and authorizing advertising for receipt of bids, at 10:00 a.m., on May 1, 2008. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving a Professional Services Agreement for Transit Oriented Development with Cornejo Consulting, in the amount of $29,950.00, as attached to the Community Development Director’s memo dated March 24, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a Grant Agreement for Transit Oriented Development with the Dakota County Regional Rail Authority, in the amount of $15,000.00, as attached to the Community Development Director’s memo dated March 24, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a Grant Agreement for Transit Oriented Development with the Dakota County Community Development, in the amount of $15,000.00, as attached to the Community Development Director’s memo dated March 24, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for 2008 Sealing Decorative Concrete and Block Retaining Wall with Budget Sandblasting and Painting, Inc., in an amount not to exceed $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for 2008 Reconditioning of Hydrants with Champion Coatings, Inc., in the amount of $17,400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement to Furnish and Install One Columbarium with Cold Spring Granite Company, in the amount of $40,908.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for 2008 Concrete Raising and Leveling Services with Northstar Mudjacking, Inc., in an amount not to exceed of $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for 2008 Sod Replacement Services with Quality Restoration Services, Inc., in an amount not to exceed $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for 2008 Concrete Removal and Replacement of Concrete Curb, Gutter, Sidewalk, and Pedestrian Curb Ramps with Ron Kassa Construction, Inc., in an amount not to exceed $10,573.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for 2008 Cemetery Mowing, Trimming, Fertilizing, and Weed Control with Sports Turf Specialties, Inc., in an amount not to exceed $2,780.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Resolution No. 2008-56 MOTION: of Goodwin, seconded by Grendahl, adopting approving the final plat for Cobblestone Lake Commercial 3rd Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting a Special Informal Meeting for City Council/Staff Goal Setting Session on April 4, 2008, at 9:00 a.m., at Levee Café, 100 Sibley Street, Hastings. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the hiring of full-time, part-time, volunteer, and seasonal employees as listed in the Personnel Report dated March 27, 2008. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA AUTISIM AWARENESS AND SEEK AND FIND PROGRAM FAIR Mr. Johnson read the proclamation declaring April 2008 National Autism Awareness Month. In connection with Autism Awareness Month, the Apple Valley and Eagan Parks and Recreation Departments are hosting a SEEK and Find Program Fair on April 10, 2008, 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 Grendahl, seconded by Goodwin, proclaiming April 2008 as “National Autism Awareness Month” and recognizing the SEEK and Find Program Fair on April 10, 2008, helping families with special needs find recreational opportunities. Ayes - 3 - Nays - 0. Representative Shelley Madore stated 2008 will mark the fifth year Apple Valley has hosted the SEEK and Find Program Fair. She thanked the City for sponsoring this event. Mayor Hamann-Roland then presented Representative Madore with the proclamation. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 5 NEAL HEUER DAY PROCLAMATION Mayor Hamann-Roland read the proclamation proclaiming March 28, 2008, as “Neal Heuer Day”. She thanked Mr. Heuer for 35 years of service to the City. She said he is an outstanding team member who does his homework and provides accurate information. The Council wished him a happy and well-deserved retirement. MOTION: of Grendahl, seconded by Goodwin, proclaiming March 28, 2008, as “Neal Heuer Day” in recognition and honor of Mr. Heuer’s distinguished service to the City of Apple Valley. Mayor Hamann-Roland then presented Mr. Heuer with the proclamation and the Key to the City. Mr. Heuer thanked the City Council for their support when he was promoted to Public Works Director. He said the City is blessed with a great team and the departments work very well together. He said he is honored to have a day proclaimed in his honor and further thanked all the Public Works Department employees who have worked so hard and helped him earn this recognition. VACATION OF EASEMENTS IN COBBLESTONE LAKE DEVELOPMENT Mr. Nordquist reviewed the City Planner’s memo regarding the vacation of various right-of-way, drainage and utility, and ingress and egress easements granted as paper easements over unplatted property in the Cobblestone Lake Development. The necessary easements were to be reestablished on the Cobblestone Lake Commercial 3rd Addition final plat. Since the time South Shore Development Company made application for the vacations, a question has come up with Dakota County over the amount of right of way required for Pilot Knob Road and 160th Street W. In order to expedite the creation of a lot of record for municipal Liquor Store No. 3, the final plat has been slightly modified from the preliminary plat. The liquor store lot is the only property proposed to be platted at this time. South Shore Development is attempting to resolve its issues with Dakota County and is working on a new plat, Cobblestone Lake Commercial 4th Addition, which would include the remaining property from the Cobblestone Lake Commercial 3rd Addition preliminary plat. As a result, staff is recommending the public hearings be opened, comments taken, and the public hearings be closed. Staff is further recommending no action approving the vacations be taken until the Cobblestone Lake Commercial 4th Addition final plat. Mayor Hamann-Roland called the six public hearings to order, at 8:28 p.m., to consider vacating various right-of-way, drainage and utility, and ingress and egress easements in Cobblestone Lake Development; and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. There were none and the hearings were declared closed at 8:29 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 6 COBBLESTONE LAKE COMMERCIAL 3RD ADDITION - LIQUOR STORE NO. 3 Mr. Dougherty said on February 14, 2008, the Council approved the Cobblestone Lake Commercial 3rd Addition preliminary plat, which includes the site where Liquor Store No. 3 is to be located. The preliminary plat was forwarded to the County for review because the property abuts a County road. At that time, a question over the amount of right of way required to be dedicated to the County along Pilot Knob Road and 160th Street W. came up. Because the City wants to keep things moving for the liquor store, the Cobblestone Lake Commercial 3rd Addition final plat was modified to include the liquor store site and an outlot. The closing on the liquor store property occurred earlier today. Therefore, the developer is proposing conveyance of the unplatted land to the City using a metes and bounds description so the deeds may be recorded. Resolution No. 2008-57 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing conveyance of unplatted land in Cobblestone Lake Development. Ayes - 3 - Nays - 0. Mr. Dougherty explained there are three proposed agreements for Council consideration. The first is a maintenance agreement. Although the site for the new liquor store will be a stand alone parcel, it will have common access points with Cobblestone Lake Development as it exists today and as it develops. These access points will require maintenance. The second and third agreements allow for common easements and use restrictions which will benefit the City and future owners in the Cobblestone Lake Development. MOTION: of Grendahl, seconded by Goodwin, approving the Maintenance Agreement with South Shore Development, Inc., for the Liquor Store No. 3 property to be platted as Cobblestone Lake Commercial 3rd Addition, as attached to the Assistant City Administrator’s memo dated March 27, 2008, subject to minor revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Easements and Use Restrictions (South Shore) with South Shore Development, Inc., for the Liquor Store No. 3 property to be platted as Cobblestone Lake Commercial 3rd Addition, as attached to the Assistant City Administrator’s memo dated March 27, 2008, subject to minor revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement for Easements and Use Restrictions (Cobblestone) with Cobblestone Lake, LLC, for the Liquor Store No. 3 property to be platted as Cobblestone Lake Commercial 3rd Addition, as attached to the Assistant City Administrator’s memo dated March 27, 2008, subject to minor revisions and changes as approved by the City Administrator and CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 7 City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Mr. Grawe said 20 bids were received on March 18, 2008, for the Liquor Store No. 3 Construction project. Bids came in at or below projections. Staff recommends awarding the contract to the lowest responsible bidder. Resolution No. 2008-58 MOTION: of Goodwin, seconded by Hamann-Roland, adopting awarding the contract for Liquor Store No. 3 Construction to Ebert Construction, the lowest responsible bidder, in the amount of $2,298,200.00. Ayes - 3 - Nays - 0. APPLE VALLEY MARKET PLACE - PRAIRIE CROSSING BUILDING PERMIT Ms. Bodmer reviewed the Planning Commission recommendation to construct two 6,000 square foot multiple-tenant retail buildings on the southwest corner of County Road 42 and Dove Trail. Overall plans are consistent with the Prairie Crossing Commercial development approved in 1997. All setbacks and cross-access and cross-parking agreements are in place. Due to the slope behind the southern building, a couple of suites will not have a second exit in the rear of the building. She reviewed the landscaping plans and described the proposed changes due to a drainage and utility easement along the west side of the property. Lighting on the rear of the buildings is also being modified to help soften the area. The developer held a neighborhood meeting, and it appears the residents in the neighboring condominium association are satisfied with the outcome. Mr. Jim Kellison, of Kelco Services, LLC, said they are excited about the project and believe the new tenants will compliment CVS Pharmacy and provide needed services in the area. Mayor Hamann-Roland thanked Mr. Kellison for being responsive to the neighborhood on this project. Resolution No. 2008-59 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for construction of two 6,000 square foot multiple-tenant retail buildings on Lot 1, Block 1, Prairie Crossing Commercial 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 0. SET INFORMAL MEETING Mr. Lawell said nine applications were received for the Council seat formerly held by Bob Erickson. He asked how the Council would like to proceed and offered two potential dates and times for the Council to interview candidates. The Council discussed how it wanted to proceed and decided to interview all candidates. CITY OF APPLE VALLEY Dakota County, Minnesota March 27, 2008 Page 8 MOTION: of Goodwin, seconded by Grendahl, setting special informal meetings at 9:00 a.m., on April 3, 2008, and at 1:30 p.m. on April 7, 2008, at the Municipal Center, for the purpose of interviewing Councilmember candidates. Ayes - 3 - Nays - 0. Mr. Lawell said he will contact the applicants to set up interviews. He also invited the Council to forward specific questions they wanted included in the interviews. COUNCIL COMMUNICATIONS Mayor Hamann-Roland invited the public to the Home and Garden Expo on April 5, 2008, from 9:00 a.m. to 3:00 p.m. at the Western Service Center and to the Public Open House on April 9, 2008, from 7:00 to 9:00 p.m. at the Municipal Center to learn about the 2030 Comprehensive Plan. Councilmember Goodwin suggested the City establish an ordinance regulating social hosting of events by adults where liquor and underage persons are present. The Council directed staff to investigate the matter and prepare a draft ordinance. Council suggested staff may wish to work with the Urban Affairs Advisory Committee. Councilmember Grendahl stated she and Councilmember Goodwin have testified before various legislative committees regarding the expansion of the Transit Taxing District (TTD). She has been working with Representative Madore on this issue. There are currently two bills to expand the TTD, one includes the Cities of Lakeville and Farmington and the other includes the seven- county metro area. 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 March 24, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 3 - Nays - 0. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated March 19, 2008, in the amount of $3,730,827.29; and March 27, 2008, in the amount of $2,495,302.87. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 8:57 o’clock p.m.