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HomeMy WebLinkAbout04/11/2002CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 11th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hama nn-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant Planner Bodmer, Assistant Planner Milton Dykes, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Community Development Director Kelley, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:04 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for t onight’s meeting as amended. 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 was present to speak. CONSENT AGENDA MOTION: of Sterling , seconded by Goodwin, moving consideration of the Traffic Signal Agreement for County Road 46 and Garden View Drive/Highview Avenue intersection to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of March 14th, 2002, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Sterling, seconded by Goodwin, proclaiming May 2, 2002, as “Space Da y” recognizing the educational initiative to inspire the study of math, science, and technology. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 2 Resolution No. 2002-42 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of 50 replacement United States flags, for use on the Ring Route, from Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0. Resolutions No. 2002-43, 2002-44, MOTION: of Sterling, seconded by Goodwin, adopting 2002-45 and approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley Sons of American Legion, Squadron 1776, for use on July 4, October 12 and November 11, 2002, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving renewal and issuance of a Filling Station License for 2002 for Oasis Market, as listed in the City Clerk’s memo dated April 8, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-46 MOTION: of Sterling, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on April 25, 2002, on the application of RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday, for issuance of on-sale and Sunday on-sale liquor licenses, in Fischer Market Place, at 14883 Florence Trail. Ayes - 5 - Nays - 0. Resolution No. 2002-47 MOTION: of Sterling, seconded by Goodwin, adopting authorizing opening safe deposit boxes at Anchor Bank for relevant City documents and micro fiche. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the C able and Telecommunications Advisory Committee 2001 annual report. Ayes - 5 - Nays - 0. Resolution No. 2002-48 MOTION: of Sterling, seconded by Goodwin, adopting approving a Landscape Partnership Agreement with the Minnesota Department of Transportation for $5,120.52 of landscaping materials in the area northeast of County Road 38 and Cedar Avenue, as attached to the Natural Resources Coordinator’s memo dated April 11, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a setback variance to allow construction of a porch addition to within 23.5 feet of the front lot line on Lot 7, Block 1, Greenleaf 6th Addition (5885 West 139th Street), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-49 MOTION: of Sterling, seconded by Goodwin, adopting authorizing the Dakota County Community Development Agency to create a tax increment financing district and plan to assist with affordable rental apartment housing in the CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 3 Legacy development at the southeast corner of 153rd Street and Galaxie Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, setting a public hearing, before the Planning Commission, at 7:00 p.m., on May 1, 2002, to consider a Comprehensive Plan Amendment for the 153rd Street/Galaxie Avenue Small Area Plan, as described in the Community Development Director’s memo dated April 8, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-50 MOTION: of Sterling, seconded by Goodwin, adopting approving a temporary waiver of platting for Pennock Place Senior Housing to bring the legal description into conformance with the presently certified tax increment financing housing district. Ayes - 5 - Nays - 0. Resolution No. 2002-51 MOTION: of Sterling, secon ded by Goodwin, adopting approving the final plat and Subdivision Agreement for Regatta Commons and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-52 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Majestic Ridge and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Natural Resources Management Permit for Majestic Ridge, with conditions as recommended in the City Engineer’s memo dated April 4, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-53 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Project 01-156, Majestic Ridge Utility and Street Improvements, to Northwest Asphalt, Inc., the low bidder, in the amount of $130,348.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Natural Resources Management Permit for the Hawthorne subdivision, with conditions as recommended in the City Engineer’s memo dated April 5, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of a Model Home Permit for the Hawthorne subdivision, to allow construction of three townhouse buildings and a temporary parking lot, with conditions as recommended in the Assistant Planner’s memo dated April 3, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-54 MOTION: of Sterling, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 02-192, Talcott Glen 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 4 Resolution No. 2002-55 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Project 01-169, Water Treatment Plant Clearwell Expansion, to Marcy Construction Company, the low bidder, in the amount of $845,250.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Ryan Contracting for Project 99-108, Regatta 3rd Addition Utility and Street Improvements, in the amount of an additional $16,100.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 5 to the contract with Meisinger Construction, for Fire Station No. 1/ALF Ambulance Office Expansion, in the amount of a $832.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Certificate of Substantial Completion on the contract with Meisinger Construction, for Fire Station No. 1/ALF Ambulance Office Expansion, as attached to the Assistant to the City Administrator’s memo dated April 11, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-56 MOTION: of Sterling, seconded by Goodwin, adopting approving plans and specifications for Fire Stations No. 2 and 3 Additions and Remodeling and authorizing advertising for receipt of bids, at 2:00 p.m., on May 2, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving relocation and burial of power lines, at the northwest corner of 140th Street and Galaxie Avenue, for Fire Station No. 2, by Dakota Electric Association, at a cost of $20,000.00, as described in the Assistant to the City Administrator’s memo dated April 11, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-57 MOTION: of Sterling, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on May 9, 2002, to consider vacating part of the excess right-of-way for 140th Street west of Galaxie Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling , seconded by Goodwin, accepting Refurbishing Unit 987, 1991 Fire Pumper Truck as final and authorizing final payment on the contract with North Central Ambulance Sales & Services, Inc., in the amount of $47,540.41. Ayes - 5 - Nays - 0. MOTION: of Sterli ng, seconded by Goodwin, approving an Agreement for 2002 Sod Replacement Services with Gallagher’s, Inc., as attached to the Public Works Supervisor’s memo dated April 11, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 5 MOTION: of Sterling, seconded by Goodwin, approving an increase in fees charged to businesses for off-duty Police Officer services, from $31.00 to $35.00 per hour, effective August 1, 2002, as recommended in the Police Chief’s memo dated March 29, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-58 MOTION: of Sterling, seconded by Goodwin, adopting approving specifications for employee group health insurance plans and authorizing advertising for receipt of sealed proposals, at 3:00 p.m., on May 13, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-59 MOTION: of Sterling, seconded by Goodwin, adopting amending and restating the employee Health Care and Dependent Care Expense Reimbursement Plan, including flexible benefit provisions, effective January 1, 2002,in compliance with law changes. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Julie Kaufman-Boom for the position of Department Specialist in the Fire Department as listed in the Personnel Report dated April 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Anthony Olson for the position of Maintenance Worker I in the Utilities Department as listed in the Personnel Report dated April 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Pequita Jordan for the position of Department Specialist in the Planning and Development Department as listed in the Personnel Report dated April 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated April 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Cheryl Groves for the position of Clerk-Typist in the Public Works Department as listed in the Personnel Report Addendum dated April 11, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, acknowledging April 14-20, 2002, as “National Public Safety Telecommunications Week” in honor of public safety dispatchers’ performance of their jobs. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA C.R. 46 & GARDEN VIEW/HIGHVIEW TRAFFIC SIGNAL CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 6 Councilmember Sterling asked how the intersection of County Road 46 with Garden View Drive and Highview Avenue will be designed for the traffic signal and will there be left turn arrows? Mr. Heuer said Highview Avenue will have two northbound lanes. The right lane will be right turn only and the left lane will be for left turns and through traffic. This part of the documents does not indicate whether there will be left turn arrows. After the signal is installed, the County will monitor the system timing and make any necessary adjustments. MOTION: of Sterling, seconded by Goodwin, approving Traffic Signal Agreement No. 02-02 with Dakota County for installation of a traffic signal at the intersection of County Road 46 with Garden View Drive/Highview Avenue, as attached to the Public Works Director’s memo dated April 11, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. DODD BOULEVARD VACATION EAST OF PILOT KNOB ROAD Mayor Hamann-Roland called the public hearing to order, at 8:11 p.m., to consider vacating part of Dodd Boulevard east of Pilot Knob Road and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated April 5, 2002, describing the proposed vacation. Following excavation of the existing roadbed and reconstruction of Pilot Knob Road, Dodd Boulevard will be realigned at a new intersection along the half section line of Section 36. This work is expected to be completed by fall of 2004. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:14 p.m. Resolution No. 2002-60 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of part of Dodd Boulevard, in the Southwest Quarter of Section 36, east of its intersection with Pilot Knob Road, and authorizing recording the necessary documents. Ayes - 5 - Nays - 0. SUMMERHILL OF APPLE VALLEY Ms. Bodmer reviewed the Planning Commission recommendation on Summerhill of Apple Valley; a 70-unit senior cooperative housing building located southwest 140th Street and Cedar Avenue. The preliminary plat is being reconfigured to provide 100 feet of right-of-way for Cedar Avenue and combine Outlot B with property to the east. Zoning allows up to 24 units per acre on the site and the building is proposed at 16 units per acre. The height of the three-story building has been lowered approximately four feet from the original proposal. The building will have 100 garage parking spaces and 29 surface spaces or 1.84 spaces per unit. A variance from the required 2.5 parking spaces per unit is recommended conditioned upon the building remaining senior citizen residential. Granite Avenue will connect to 140th Street and be CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 7 restricted to right turns. At the recommendation of the Traffic Engineer, driveway access to the parking lot from Granite Avenue will be widened. Mr. Kehrer reviewed the revised tree preservation plan and landscaping plan for the site. By lowering the building, the developer will be able to save 29 percent of the significant trees on the site. A storm water pond on the northern part of the site will be constructed to serve as an infiltration basin. Roger Howley, Architect for the project, reviewed the building plans, exterior materials and elevations. Doug Stevens, of Summerhill, described the cooperative concept and said approximately 60 percent of the units in the building have been presold. Under the share payment concept, the units range from $48,000 to $69,000 in price. They also offer an option of paying the cost in full and only monthly maintenance fees are paid. Resolution No. 2002-61 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat of Summerhill of Apple Valley, with one lot and one outlot, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-62 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for Summerhill of Apple Valley, a 70-unit senior residential cooperative, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, granting a variance reducing the number of surface parking spaces for Summerhill of Apple Valley to 29, conditioned upon the use of the building remaining senior citizen residential, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-63 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 01-161, Summerhill Utility and Street Improvements. Ayes - 5 - Nays - 0. DALSETH DENTAL CLINIC SIGN VARIANCE Ms. Milton Dykes reviewed the Planning Commission recommendation on sign variances requested by Dalseth Dental Clinic, at 14505 Glazier Avenue. Approval of a setback variance for a ground sign along Cedar Avenue is recommended because of the additional right-of-way required. Neither approval of variances for an additional ground sign along Glazier Avenue nor a reduced setback is recommended. MOTION: of Erickson, seconded by Goodwin, granting a setback variance to allow construction of a ground sign, by Dalseth Dental Clinic, to within one foot of the CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 8 west property line of Lot 1, Block 1, Christian Science Society (14505 Glazier Avenue), as recommended by the Planning Commission. Councilmember Grendahl noted that by approving this variance, developers should not take it as a signal that they can routinely do something and then come to the City for a variance. Tim Alt, of Alt Architecture, said they were unaware of the need for a separate permit for signage and installed the sign along Cedar Avenue based on the location of other signs. He said they would like further discussion on the Glazier Avenue sign. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Grendahl, denying a variance to allow a second ground sign or a setback variance to allow its construction, by Dalseth Dental Clinic, to within one foot of the east property line of Lot 1, Block 1, Christian Science Society (14505 Glazier Avenue), and directing its removal, as recommended by the Planning Commission. Dr. Stephen Dalseth, was present, and commented on the definition of what constitutes a sign. He noted other businesses that have more than one sign and suggested using the Glazier sign for only their logo if the base were allowed to remain. Mr. Lawell said that Resolution No. 2001-116, authorizing the building permit, specifically stated that a separate permit was needed for signage. He also said whether the definition is of a sign or a structure, it still needs approval. Vote was taken on the motion. Ayes - 5 - Nays - 0. ORDINANCE AMENDING RESTAURANT MENU BOARD SIGNAGE Mr. Lovelace gave the first reading of an ordinance amending City Code Sections 154.03(F) and 154.04(J) regulating restaurant menu board signs as attached to his memo dated April 8, 2002. It would increase the size allowed from 32 square feet to 50 square feet and require a permit for installation. Signs at existing restaurants were reviewed and one would be out of compliance at 51 square feet. Mayor Hamann-Roland asked whether digital confirmation signs, now being added to menu boards at some restaurants, would be included in the 50 square feet? Mr. Lovelace said, yes, they would. The Council noted this may need some further review depending on where this type of signage is located. Bob Hellman, of RTR Midwest operator of Arby’s Restaurant, said the information on their sign is incorrect. It is currently 53 square feet and it would be difficult to reduce the size. They would agree to bring the sign into compliance when it is replaced; which is generally done every 10 to 12 CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 9 years. He said he did submit the plan to the City before it was installed and has a letter approving it. Mr. Dougherty noted that the time for action on Kentucky Fried Chicken/A & W Restaurant’s request for a variance was extended to this meeting. It would automatically be approved unless the Council acts to deny it. MOTION: of Erickson, seconded by Goodwi n, granting a variance to allow construction of a 47 square foot menu board sign, by Kentucky Fried Chicken/A & W Restaurant on Lot 7, Block 2, Valley Commercial Park 1st Addition (7641 West 150th Street). Ayes - 5 - Nays - 0. The Council accepted the first reading of the ordinance and indicated the 50 square foot size is generally acceptable, but noted some details need further review. The second reading will be scheduled for April 25, 2002. ORDINANCE AMENDING NATURAL RESOURCES MANAGEMENT REGULATIONS Mr. Heuer gave the first reading of an ordinance amending Chapter 152 of the City Code regarding Natural Resources Management Regulations as attached to his memo dated April 11, 2002. Among the changes in definitions are expanding the critical root zone of a tree and reducing the size of a significant tree from 10 inches to eight inches in diameter. It requires compliance with any applicable governmental entity’s watershed management plan in addition to the City’s storm water management plan. This is included to help meet the requirements of the Vermillion River Storm Water Memorandum of Understanding recently approved. The Council accepted the first reading. The second reading will be scheduled for April 25, 2002. FULL-TIME FIRE CHIEF POSITION Mr. Lawell reviewed his memo dated April 11, 2002, describing the recruitment process used in selecting candidates for the full-time Fire Chief position. A subcommittee consisting of Mayor Hamann-Roland, Councilmember Grendahl and Mr. Lawell conducted the first round interviews. The full Council interviewed four finalists on February 27, 2002. They were Marvin Calvin, Scott Nelson, Keith Wassmund, and Theron Wilson. The Council is now at a point where it could select a candidate for the position. MOTION: of Goodwin, seconded by Hamann-Roland, selecting Keith Wassmund as the candidate for Fire Chief and directing Staff to proceed with a conditional offer of employment and post offer activities. Councilmember Grendahl asked if the Council could use a balloting process similar to that used for committee appointments to reach consensus? Mr. Lawell reviewed the process CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 10 contained in Resolution No. 1997-165 and noted the Council would have to vote to adapt the process. Councilmember Goodwin said that process was used to select candidates for Council appointments and advisory committee members and is not appropriate for a full-time department head position. Councilmember Grendahl said not all of the Councilmembers may have made up their minds yet. With three of the four candidates from inside the City, it is a difficult decision. Councilmember Erickson said he would not object if other members want to use a different process and might vote against the motion because of the process. Councilmember Sterling agreed. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Grendahl) - Abstentions - 1 (Sterling). MOTION: of Sterling, seconded by Grendahl, unanimously selecting Keith Wassmund as the candidate for Fire Chief. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Grendahl noted that applications for appointment to the Metropolitan Council, to fill the vacancy left by the passing of Carolyn Rodriguez, are being accepted until April 23, 2002. The nominating committee, of which she is a member, will meet May 7, 2002, on the applications. The Council received a memo dated April 8, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated March 20, 2002, in the amount of $688,918.26; March 27, 2002, in the amount of $1,322,284.62; April 3, 2002, in the amount of $208,069.16; and April 11, 2002, in the amount of $762,061.93. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT MATTER Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 471.705, to discuss the status of Palomino East Apartment/Watrud litigation. MOTION: of Grendahl, seconded by Sterling, to close the regular meeting and convene in closed session to discuss Palomino East Apartment/Watrud litigation with the City Attorney. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 2002 Page 11 The meeting was closed at 10:20 p.m. and the Council convened in the Regent Conference Room, at 10:25 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, and Community Development Director Kelley. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. The Council reconvened in open session at 11:08 p.m. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:09 o’clock p.m.