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HomeMy WebLinkAbout12/23/2008 CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 23, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Parks Maintenance Superintendent Adamini, Finance Director Ballenger, Police Sergeant Bermel, Public Works Director Blomstrom, Associate City Planner Dykes, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, and Deputy Fire Chief Thompson. 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 LaComb, seconded by Grendahl, approving the agenda for tonight’s meeting, as written. 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 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of December 11, 2008, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Page 2 Resolution No. 2008-263 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $500.00 from Wal-Mart Foundation, for use by the Police Department Bicycle Patrol Unit. Ayes - 5 - Nays - 0. Resolution No. 2008-264 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of an Air Hockey Table, valued at $100.00, from Carol Ivanecky, for use by the Teen Center. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in corporate officer for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, in connection with the On-Sale 3.2 Percent Malt Liquor and Wine Licenses at 7593 147th Street W., naming Christopher O’Donnell as CEO, President, and Director, as described in the City Clerk’s memo dated December 19, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a new 2009 Off-Sale 3.2 Percent Malt Liquor License to Emperor Twyst, Inc., d/b/a Gardenview Shell, at 206 County Road 42, as described in the City Clerk’s memo dated December 19, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-265 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on February 14, 2009, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-266 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on April 11, 2009, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-267 MOTION: of Bergman, seconded by Goodwin, adopting approving submitting the application for Fiscal Year 2009 Dakota County Community Development Block Grant (CDBG) funding of $130,800.00 for the Housing Rehabilitation Revolving Loan Program, as attached to the City Planner’s memo dated December 19, 2008, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement with Apple Valley Chamber of Commerce to administer the Apple Valley Convention and Visitors Bureau (CVB) through December 31, 2009, as attached to the Assistant City Administrator’s memo dated December 23, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Page 3 MOTION: of Bergman, seconded by Goodwin, approving revised City Attorney fees for 2009 legal services, as attached to the Assistant to the City Administrator’s memo dated December 23, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving revised City Engineering fees for 2009 services with Bonestroo, as attached to the Public Works Director’s memo dated December 23, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving revised City Engineering fees for 2009 services with Short Elliott Hendrickson, Inc., (SEH), as attached to the Public Works Director’s memo dated December 23, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Lease Agreement with Bonestroo for office space at the Municipal Center and Central Maintenance Facility, through December 31, 2009, as attached to the Public Works Director’s memo dated December 23, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Joint Powers Agreement with Dakota County for 2009-2012 Wetland Health Evaluation Program (WHEP), as attached to the Natural Resources Coordinator memo dated December 23, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2008-268 MOTION: of Bergman, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for AV Project 2009-101, 2009 Street Maintenance Project. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Gymnasium Lighting at Apple Valley Community Center with Budget Lighting, Inc., in the amount of $14,909.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 11 to the contract with Ebert Construction, for Liquor Store No. 3 construction, in the amount of an additional $11,179.38. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 04-269, Quarry Point 1.5 MG Water Storage Reservoir, as final and authorizing final payment on the contract with Landmark Structures, in the amount of $40,000.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting 2008 Removal and Replacement of Concrete Curb, Gutter, Sidewalk, and Pedestrian Curb Ramps as final and CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Page 4 authorizing final payment on the agreement with Ron Kassa Construction, Inc., in the amount of $3,442.60. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Finance Director Position Profile from The Brimeyer Group, as attached to the City Administrator’s memo dated December 19, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-269 MOTION: of Bergman, seconded by Goodwin, adopting approving and implementing the 2009 Employee Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2008-2009 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers, as attached to the Human Resources Manager’s memo dated December 19, 2008, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the temporary assignment, full-time, and seasonal employees listed in the Personnel Report dated December 23, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA NATIONAL NIGHT OUT AWARD RECOGNITION Sergeant Bermel presented the Council with a plaque the City of Apple Valley received for participation in the 2008 National Night Out program. Apple Valley placed 18th out of 294 entries in the 50,000 to 99,000 population category. He described the criteria the National Association of Town Watch used to grant the awards. He then thanked Target Corporation, Crime Prevention Specialist Pam Walter, and 2008 Retail Officer Mark Shaw for their role in this successful event. Mayor Hamann-Roland thanked the Police Department and all those involved for helping to make this event a success. APPLE VALLEY TRANSIT STATION Ms. Dykes reviewed the request by the Minnesota Valley Transit Authority (MVTA) and the Metropolitan Council to rezone PD-244/Zone 4 to PD-507 and create new subzones to allow for a transit station and high-density housing and commercial uses as well as a site plan/building permit authorization to allow for a 480-space parking ramp, a 265-space surface parking lot, and 1,700 square foot enclosed transit building and covered platform. The ten-acre site is located at 15450 Cedar Avenue. PD-507/Zone 7a will regulate the western six acres of the site containing the transit station, platform parking ramp, and parking lot; and Zone 7b will regulate the eastern four acres, which will allow high density commercial and housing. The parking ramp will consist CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Page 5 of three levels (one ground and two upper decks), but will be constructed with the ability to add two additional decks in the future. She then reviewed the grading, utility, and landscaping plans; elevation drawings; and colored renderings. Mr. Blomstrom reviewed the City’s traffic consultant’s analysis of the proposed improvements at the transit station site. There are two principal issues. The first issue is relative to the general increase in traffic as a result of the land use. The second issue relates to proposed improvements along Cedar Avenue and modifications to the intersection at Cedar Avenue and 155th Street, which includes converting it from a full intersection to a three-quarter intersection. He reviewed the impacts on the local street system relative to this change. Limiting turn movements at the Cedar Avenue and 155th Street intersection raised concerns relative to traffic flow, especially for vehicles traveling southbound on Cedar Avenue. The traffic consultant offered two solutions. One solution is to add a double left-hand turn lane at Cedar and 157th Street. The other option is to maintain the 155th Street intersection as a fully-functioning intersection. Although storage space for stacking is limited at the 155th Street intersection, it is believed drivers will redistribute themselves by using the 157th Street intersection as well. Mr. Blomstrom noted the resolution before the Council this evening has an either/or option relative to the two solutions. He added that the traffic consultant’s findings have been reviewed with County representatives who have generally agreed something needs to be done to address the traffic flow issue. Mayor Hamann-Roland said school busses departing Cedar Park Elementary School should also be considered. She suggested the County meet with the school district regarding traffic flow and possible impacts on school buses. She recommended the County meet with residents in the area as well. Councilmember Bergman asked who would pay to restore the intersection at 155th Street if the three-quarter intersection does not work and the full intersection needs to be reinstalled. He further asked what impact vehicles will have on 157th Street going east off of Gaslight Drive towards Galaxie Avenue. He does not want vehicles taking shortcuts through neighborhoods. Mr. Dougherty stated the language in the resolution allows the City time to work with the County, prior to issuance of a building permit, to determine what is going to happen with the 155th Street and 157th Street intersections and who is going to pay for them. Mayor Hamann-Roland thanked the County for working with the business community to make refinements which keep the traffic flowing and at the same time take care of the businesses. She appreciates the County’s cooperative effort and looks forward to similar meetings with Independent School District 196 and neighboring residents. Councilmember Goodwin stated he did not realize plans included moving traffic into a single- family, low-density neighborhood, and he has reservations about it. Mayor Hamann-Roland said she looks forward to working with the County on resolving these issues. CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Page 6 Mr. Mike Monahan, of SRF Consulting Group, Inc., reviewed drawings, colors schemes, and architectural features of the transit station. He noted the proposed materials are durable, good looking, and low maintenance. Their goal was to design a station that would not only meet the needs and functionality of Cedar Avenue, but would be something the City will be proud of for decades to come. Mayor Hamann-Roland added that it is also energy efficient. She further added that the Council is looking forward to the transit station being constructed. Ordinance No. 853 MOTION: of Goodwin, seconded by Grendahl, passing rezoning Lot 1, Block 1, Menard Addition, from PD-244/Zone 4 to PD-507/Zone 7a and PD- 507/Zone 7b, subject to the execution of a planned development agreement, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2008-270 MOTION: of Bergman, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit to construct a 1,700 square foot enclosed transit station, 480-space parking ramp, and 265-space surface parking lot, on Lot 1, Block 1, Menard Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland commended maintenance personnel for their efforts in keeping the roads clean and safe after the heavy snowfalls. Mr. Thompson described the mutual aid and assistance the Fire Department provided to the City of Burnsville during a recent fire involving a 64-unit apartment complex. Mayor Hamann-Roland thanked the Fire Department. She then shared a thank you received from a family whose loved one was recently helped by a firefighter. CALENDAR OF UPCOMING EVENTS MOTION: of LaComb, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated December 19, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota December 23, 2008 Page 7 MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated December 17, 2008, in the amount of $2,168,560.16; and December 23, 2008, in the amount of $9,878,742.29. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:41 o’clock a.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 1-8-09