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HomeMy WebLinkAbout01/24/2002CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 24th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Erickson, Goodwin, and Grendahl. ABSENT: Councilmember Sterling. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Human Resources Manager Strauss, 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 Erickson, seconded by Goodwin, 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. No one was present to speak. CONSENT AGENDA 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 10th, 2002, as written. Ayes - 4 - Nays - 0. Resolution No. 2002-10 MOTION: of Grendahl, seconded by Goodwin, adopting approving renewal of two-year lawful gambling premises permits, by the State Gambling Control Board, for Apple Valley Hockey Association at Rascals Bar & Grill, Grizzly’s Grill N Saloon, and Apple Place Bowl; and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2002 Page 2 MOTION: of Grendahl, seconded by Goodwin, approving renewal and issuance of various licenses and permits for 2002 as listed in the attachment to the City Clerk’s memo dated January 18, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Apple Valley Convention and Visitors Bureau proposed 2002 budget, with revenue of $49,597.00 and expenses of $49,477.25, as attached to the Assistant to the City Administrator’s memo dated January 24, 2002. Ayes - 4 - Nays - 0. Resolution No. 2002-11 MOTION: of Grendahl, seconded by Goodwin, adopting approving application to Dakota County for Community Development Block Grant program funding for fiscal year 2002, in the amount of $110,499.00 for the housing rehabilitation revolving loan program and $60,000.00 for the mobile home replacement program; and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, granting a setback variance to allow construction of a house addition to within 26 feet of the rear lot line on Lot 7, Block 4, Rolling Ridge (14405 Drumlin Court), as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-12 MOTION: of Grendahl, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on February 28, 2002, to consider vacating an unneeded part of a drainage and utility easement on Lot 2, Block 1, Summerfield (13848 Duluth Drive). Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin , approving reduction of subdivision financial guarantees for: Orchard Pointe, letter of credit from $394,100.00 to $33,466.00; and NRMP, from $15,125.00 to $6,900.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 00-136, Regatta Park Improvements, in the amount of an additional $8,426.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 00-147A, New Century (Culver’s) Addition Utility and Street Improvements, in the amount of an additional $16,884.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 7 t o the contract with General Security Services Corporation for the Municipal Center Project Security System, in the amount of a $1,166.55 deduction. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2002 Page 3 MOTION: of Grendahl, seconded by Goodwin, accepting Project 99-103, Dahle Pines Utili ty and Street Improvements, as final and authorizing final payment on the contract with Hydrocon, Inc., in the amount of $31,373.31. Ayes - 4 - Nays - 0. Resolution No. 2002-13 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing an application, for approximately $5,000.00, to the Minnesota Department of Transportation Community Roadside Landscaping Partnership Program and designating Jacqueline Aldridge as contact person for the project to place plantings in the road right-of-way northeast of County Road 38 and Cedar Avenue. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Joint Powers Agreement for purchase of 2002-2003 Traffic Markings, Street Sweeping, Crack Sealing, Screening, and Seal Coating Services with the Cities of Burnsville, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, and Inver Grove Heights as attached to the Public Works Supervisor’s memo dated January 24, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement with CNH Architects, Inc., for architectural services for remodeling and additions to Fire Stations No. 2 and No. 3 as attached to the Assistant to the City Administrator’s memo dated January 24, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, authorizing the expenditure of $40,000.00 from Park Dedication Maintenance Funds for 2002 projects as recommended by the Parks and Recreation Advisory Committee and listed in the Parks and Recreation Director’s memo dated January 18, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving promotion of Michael Glewwe to the position of Streets Working Foreman, as listed in the Personnel Report dated January 24, 2002. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated January 24, 2002. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MID-WINTER FEST 2002 CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2002 Page 4 Laura Ochs and Jim Zinck, of the Mid-Winter Fest Committee, were present and reviewed activities planned for this year’s celebration at Hayes Park and at Valleywood Golf Course. Buttons are required for admission to the events on February 9 and 10, 2002, and are for sale at various locations for $1.00. An open house will be held at the new Municipal Center on February 9, 2002, from 12:00 noon to 4:00 p.m., with guided tours. The Senior Volunteer Awards ceremony and reception, along with entertainment and a root beer social, will also be held at the Municipal Center. Resolution No. 2002-14 MOTION: of Erickson, seconded by Grendahl, adopting proclaiming February 9 and 10, 2002, as “Apple Valley Mid-Winter Fest 2002” and encouraging citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, authorizing the use of a snowmobile in Hayes Park on February 9, 2002, as described in the Recreation Supervisor’s memo dated January 10, 2002. Ayes - 4 - Nays - 0. INTRODUCTION OF POLICE OFFICER STILLWELL Police Captain Anglin introduced Shannon Stillwell recently hired as a new Police Officer for the City. She previously was a Community Service Officer for the City. City Clerk Mueller administered the oath of office to Officer Stillwell and Police Chief Johnson presented her with her badge. The Council welcomed her to her new position. GALAXIE AVENUE/153RD STREET SMALL AREA PLAN Mr. Lovelace reviewed his memo dated January 18, 2002, describing the application for a $16,000 matching grant from the Metropolitan Council to allow for preparation of a small area plan for a 65-acre undeveloped site at the intersection of 153rd Street and Galaxie Avenue. Kim Austrian, Manager of Community Relations for the Metropolitan Council, presented a certificate detailing award of the grant from the Livable Communities Account, and said they are looking forward to a successful project. She noted the Council will be holding several meetings for communities on its Regional Growth Strategy, Blueprint 2020. One meeting is tentatively scheduled at Dakota County Western Service Center on March 5, 2002, from 4:30 to 6:00 p.m. MOTION: of Erickson, seconded by Goodwin, a pproving the Metropolitan Livable Communities Demonstration Account Grant Agreement for the Galaxie Avenue/153rd Street Small Area Plan, as attached to the City Planner’s memo dated January 18, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. ORDINANCE ENACTING NEW CODE OF ORDINANCES CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2002 Page 5 The City Clerk gave a first reading of an ordinance amending, restating, revising, updating, codifying, and compiling certain ordinances into a new Code of Ordinances for the City, as attached to her memo dated January 18, 2002. The new Code will replace the existing Code of Ordinances originally adopted in 1980. The book has been reformatted with pages in an 8 1/2” x 11”, dual column, format and contains Ordinances through No. 697, passed July 26, 2001. An electronic version of the Code is being provided by the publisher and will be accessible via a link on the City’s web site. The Council accepted the first reading. The second reading and passage will be scheduled for February 14, 2002. KFC/A & W RESTAURANT SIGN VARIANCE Mr. Lovelace reviewed his memo dated January 23, 2002, describing the request of Kentucky Fried Chicken/A & W Restaurant for a variance to allow a 47 square-foot menu board for its new building. A permit is not required for this type of sign and the ordinance allows a 32 square-foot menu board. They believe the size is not adequate to list menu options for both businesses. The Planning Commission recommended denial of the variance. He reviewed requirements that must be met to prove hardship for a variance. Staff recently surveyed existing restaurants and found that most of them had installed menu boards that exceed 32 square feet. The Council discussed the trend of menu boards listing more items and including more pictures. They noted that since most other restaurants are out of compliance, the issue involves more than this variance request. The Council agreed the sign ordinance should be reviewed before considering a variance and asked that the Planning Commission also review it. Mr. Dougherty asked whether the applicants would agree to an extension of the 60-day limit for action? Peter Coyle, Attorney for the applicants; Dave Studzinski, Trainer for KFC; and Stan Katanic, Engineer; were present and expressed concern about being able to finish construction of the building by June. Mr. Coyle said they would be willing to participate in discussion about proposed changes to the sign ordinance and would want other businesses to participate also. They agreed with the Council deferring action on their request until its meeting of April 11, 2002. COMMUNICATIONS & CALENDAR Councilmember Erickson asked for a status report on the zoning compliance of Tri-State Machinery’s manufacturing operations northwest of 145th Street and Flagstaff Avenue. Mr. Dougherty said he would be able to provide the information at the Council’s February 14, 2002, informal meeting. Councilmember Goodwin commented on the League of Minnesota Cities informational forum, held in Burnsville today, to discuss implications of the Governor’s proposed budget cuts. He noted the City is initially expected to lose over $350,000 in State Aid and it likely could lose more. The proposal is a two pronged approach with an across the board cut for all cities and a further cut for cities the Governor believes have spent too much. CITY OF APPLE VALLEY Dakota County, Minnesota January 24, 2002 Page 6 The Council received a memo dated January 18, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bill s, check registers dated January 16, 2002, in the amount of $690,001.59; and January 24, 2002, in the amount of $12,132,850.32. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:15 o’clock p.m.