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HomeMy WebLinkAbout05/09/2002CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 9th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Rol and; 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 to the Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, and Human Resources Manager Strauss. 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 Sterling, approving the agenda for tonight’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. John Ericson, of Fischer Sand & Aggregate, was present to update the Council on potential airport construction contracts. They will be bidding on a contract next week as a material supplier. Should they be successful, this contract starts July 1st and has an October 25th completion date. They will work with the City, County, and Highway Patrol on truck traffic issues as they have in the past. He will continue to keep the City informed on the status of any projects. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of April 25th, 2002, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming May 12th to 18th, 2002, as “Police Week”, in appreciation of the services provided by police officers. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proclaiming May 19th to 25th, 2002, as “Save A Life Week”, to heighten awareness of basic life saving first aid techniques. Ayes - 5 - Nays - 0. Resolution No. 2002-79 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $100.00 from Wilton and Nancy Anderson toward the purchase of landscaping materials for Lebanon Cemetery. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a Temporary On-Sale Liquor License, by Minnesota Liquor Control, to Apple Valley American Legion Post 1776 for use on July 4 and 5, 2002, in connection with its outdoor events at 14521 Granada Avenue, as described in the City Clerk’s memo dated May 6, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving application to the Metropolitan Council for a $30,000.00 Opportunity Grant to fund creation of model development regulations for the Small Area/Central Village Plan, at 153rd Street and Galaxie Avenue, as described in the Community Development Director’s memo dated May 6, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-80 MOTION: of Sterling, seconded by Grendahl, adopting making a finding that there is no need for preparation of a complete Environmental Impact Statement for the Legacy of Apple Valley development. Ayes - 5 - Nays - 0. Resolution No. 2002-81 MOTION: of Sterling, seconded by Grendahl, adopting approving an Interim Use Permit for limited institutional uses, in Planned Development No. 315, by South Suburban Evangelical Free Church, on Lot 1, Block 1, Pinecrest Addition (5973 West 126th Street), until December 31, 2005, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving setback variances to allow a retaining wall along the rear lot line and to allow a basketball court constructed to within two and one-half feet of the rear lot line on Lot 10, Block 2, The Woodwinds 1st Addition (13940 Dublin Road), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving extended hours for grading and site work in the Hawthorne development, from 6:30 a.m. to 7:00 p.m., Monday CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 3 through Friday, as described in the Assistant Planner’s memo dated May 3, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-82 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on June 13, 2002, to consider vacating a drainage and utility easement in part of the Southeast Quarter of Section 36, in Cobblestone Lake subdivision. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of the subdivision financial guarantee for Cobblestone Lake, from $308,600.00 to $195,125.00. Ayes - 5 - Nays - 0. Resolution No. 2002-83 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 01-165, 2002 Street Maintenance Program, to Bituminous Roadways, Inc., the low bidder, in the revised amount of $1,059,360.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting the Municipal Center Security System Project as final and authorizing final payment on the contract with General Security Services Corporation, in the amount of $7,027.48. Ayes - 5 - Nays - 0. Resolution No. 2002-84 MOTION: of Sterling, seconded by Grendahl, adopting approving the Revised Vermillion River Stormwater Management Memorandum of Understanding, incorporating changes requested by the Cities of Lakeville and Rosemount, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Short Elliott Hendrickson, Inc., for phase three of sign inventory services, in the amount of $7,980.00, as attached to the Public Works Director’s memo dated May 9, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Sharden Productions, Inc., for 2002 cable television program services, as attached to the Assistant to the City Administrator’s memo dated May 9, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with the Apple Valley Chamber of Commerce to Reconfirm the Economic Growth Partnership Committee, through February 10, 2004, as attached to the Assistant to the City Administrator’s memo dated May 9, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 4 MOTION: of Sterling, seconded by Grendahl approving hiring Roy Kingsley for the full-time position of Fire Inspector, as listed in the Personnel Report dated May 9, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl approving hiring Michelle Willard for the full- time position of Assistant Liquor Store Manager, Store No. 1, as listed in the Personnel Report dated May 9, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated May 9, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA POPPY DAYS PROCLAMATION Pody Corcoran and Marlene Heinzen, of the American Legion Auxiliary Poppy Committee, were present. Ms. Heinzen read a proclamation, proclaiming May 17 and 18, 2002, as “Poppy Days”. The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Sterling, seconded by Grendahl, proclaiming May as “Poppy Month” and May 17-18, 2002, as “Poppy Days” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 5 - Nays - 0. MEMORIAL DAY PROCLAMATION Chris Gerlach, John Skovran, and Vern Yetzer, of American Legion Post 1776 were present. Mr. Gerlach read a proclamation for “Memorial Day” on May 27, 2002. He invited everyone to breakfast, at 9:30 a.m., at the Legion Post, and to attend the Legion’s memorial ceremony at Apple Grove Park, near Fire Station No. 1, at 11:00 a.m. MOTION: of Sterling, seconded by Erickson, acknowledging the Federal Proclamation of May 27, 2002, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 5 - Nays - 0. RUBY TUESDAY ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:11 p.m., to consider the application of RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday, for On-Sale and Sunday Liquor Sales Licenses, and noted receipt of the affidavit of publication of the hearing notice. The licenses are requested in connection with a restaurant being constructed at 14883 Florence Trail CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 5 as described in the City Clerk’s memo dated May 6, 2002. Mr. Jerry Ruta, Manager, was present to answer questions. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:13 p.m. Resolution No. 2002-85 MOTION: of Goodwin, seconded by Sterling, adopting approving issuance of On-Sale and Sunday Liquor Sales Licenses, expiring December 31, 2002, to RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday, in Fischer Marketplace, at 14883 Florence Trail, including an outdoor patio area, subject completion of the building for occupancy prior to the licenses becoming effective. Ayes - 5 - Nays - 0. 140TH STREET RIGHT-OF-WAY VACATION Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider vacating part of the excess right-of-way for 140th Street, west of Galaxie Avenue, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated May 3, 2002, describing the existing 123-foot half right-of-way adjacent to Fire Station No. 2. The surplus 63 feet can be vacated and a half right-of-way of 60 feet retained. He noted that the building will still require a setback variance. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. Resolution No. 2002-86 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of approximately 63 feet of excess right-of-way for 140th Street, west of Galaxie Avenue, adjacent to Fire Station No. 2. Ayes - 5 - Nays - 0. FIRE STATIONS NO. 2 & 3 REMODELING Mr. Grawe reviewed plans for additions to and remodeling existing Fire Stations No. 2 and 3 for which bids were received May 2, 2002. The bids were very favorable and it is recommended that all alternates be accepted as described in his memo dated May 9, 2002. Resolution No. 2002-87 MOTION: of Goodwin, seconded by Sterling, adopting awarding the contract, with all alternates, for Fire Stations No. 2 and 3 Remodeling and Additions Project to Arkay Construction, Inc., the low bidder, in the total amount of $1,417,500.00. Ayes - 5 - Nays - 0. HAGEMEISTER PARK ANTENNA CONDITIONAL USE PERMIT Mr. Lovelace reviewed the Planning Commission recommendation on an application for a Conditional Use Permit to allow a 60-foot tall communication tower in Hagemeister Park. The tower would replace an existing 52-foot tall light pole, at the southwest corner of the hockey rink that would then have lights and an antenna on it. Equipment cabinets would be located on a concrete pad at the base of the tower. He distributed a chart, prepared by the Parks and CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 6 Recreation Director, identifying different utility uses currently located in parks. Mr. Lovelace noted that the Planning Commission received a petition with 391 signatures opposing locating the tower in the park. Steven Carlson, representing VoiceStream Wireless, the applicant, reviewed a map showing the approximately square mile area along Johnny Cake Ridge Road between County Road 38 and 140th Street where there is inadequate communications coverage. They looked at sites on Nordic and Valleywood Reservoirs and at Fire Station No. 3 but none of them provide coverage for the area that the Hagemeister Park site would cover. He showed maps illustrating projected coverage from each of the sites. They agree with installing the equipment without fencing surrounding it and will plant trees around the base. The installation will be similar to a tower located in Chaparral Park. Councilmember Erickson asked if there would be any interference with radio or cable television reception? Mr. Carlson said the FCC regulates use of the airwaves and interference generally only occurs if something is located right next to the transmitter. If two signals interfere with each other, they would be required to make corrections. Dan Boomhower, 5861 West 131st Street, spoke on behalf of residents who signed the petition and said he believes the proposed communication tower use is not allowable in an institutional zone. He read the definitions in the zoning ordinance and said this is a commercial enterprise, in competition with others, and not a utility. He reiterated a preference for putting two towers in other locations to cover the area. Mr. Carlson reviewed maps showing that two towers in other locations would not provide the improved coverage that one tower in Hagemeister Park does because of topography. Councilmember Goodwin said people have begun treating cell phone use as a public service or utility. The initial proposal showed fencing, including barbed wire, around the equipment at the base of the tower. This has been eliminated and he asked if that addressed the objection? Mr. Boomhower said they still have an issue with how much power or voltage might be coming through the ground. Mr. Carlson said 200 amp electric service is installed to a site, the same as for a typical house. This site may only have 100 amp service. The electric service operates the equipment, antenna and lights. The antenna operates on about 20 watts of power. Councilmember Grendahl asked if this use is permitted within the zoning? Mr. Dougherty said this type of use has already been allowed in institutional zones. The Council had taken the position that the use is similar to that defined and allowed. Bonnie Brueshoff, 13141 Doyles Court, expressed appreciation for clarifying the safety issues, but said she still has concerns about use of the park and preserving natural resources. She asked how many customers VoiceStream has in the area and would like to see other options. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 7 Kathy Fuller, 12981 Exley Avenue. asked how other cell phone customers are served in the Johnny Cake Ridge Road area? Mr. Carlson said customers are not just those living there, but anyone driving through. Wireless technology is proprietary and every provider handles their systems separately. This antenna would only be for VoiceStream service. One carrier not having a good signal in an area does not necessarily mean others have a problem. Mayor Hamann-Roland asked if other carriers will be locating in the park? Mr. Dougherty said the City is not aware of any now, but anyone could approach the City with a request. Courts have ruled that in these systems, the need is shown by the provider and; if they have a coverage issue, they have a need. If they have a need, they have a right to put a tower somewhere. Ms. Fuller said she is concerned about preserving the appearance of the park. She asked if there is potential for the pole breaking in a storm and causing damage? Mr. Carlson reviewed the structural engineering for the pole using calculations for the weight to be supported, ice, wind, and other factors. Councilmember Sterling asked about the appearance of the pole. Mr. Carlson showed pictures of poles similar to that proposed. Mr. Lovelace noted that the action requested now is a Conditional Use Permit for height. Before the pole is installed, a site lease agreement will have to be prepared detailing the conditions, landscaping, color, etc. Resolution No. 2002-88 MOTION: of Erickson, seconded by Sterling, adopting approving a Conditional Use Permit for installation of a 60-foot tall monopole structure, with no fence, by VoiceStream Wireless, in Hagemeister Park (Outlot A, Greenleaf 9th Addition), located at the southwest corner of the hockey rink, subject to a lease agreement and other conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CENTRAL VILLAGE SMALL AREA COMPREHENSIVE PLAN AMENDMENT Mr. Lovelace reviewed his memo dated May 6, 2002, describing the Planning Commission recommendation on a Comprehensive Plan amendment for the 65-acre undeveloped site at 153rd Street and Galaxie Avenue. The mixed use central village concept resulted from work with the Small Area Plan Committee and consulting team over the past three months. Aaron Parker, of Metropeligo, presented the options recommended by the Committee including owner occupied and rental residential, flexible live/work residential/office units, limited commercial office space, and community and neighborhood retail including restaurants. The concept splits 153rd Street into a one-way pair system, between Garrett Avenue and Foliage Avenue, to more evenly distribute traffic and eliminate crossing conflicts. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 8 Steve Quam, of Metropeligo, reviewed the market assessment and economic analysis component of the plan. This analysis helped to identify appropriate uses for the site acknowledging that flexibility in implementation will be important. Councilmember Sterling asked about access to the existing buildings, at the northwest corner of 153rd Street and Galaxie Avenue, with the one-way design. Glen Van Wormer, the traffic consultant, reviewed his report dated May 2, 2002, that included a comparison of one-way and two-way designs for 153rd Street. In all, the one-way design improves traffic on Galaxie Avenue, but signal coordination and attention to details in the system design will be very important to implement it effectively. The concept with cross access through parking lots would allow motorists access to the buildings. Councilmember Goodwin asked about the concept of housing northwest of 153rd and Galaxie instead of commercial as originally planned. Mr. Parker said the intent is to mix uses within the site. Development plans may need to have future flexibility if it becomes apparent that housing will not work in this area. Councilmember Goodwin asked how notice of the Comprehensive Plan amendment hearing was provided? Mr. Kelley said, for an amendment, notice is published in the legal newspaper and posted at City Hall. Mailed notices are not required. When the plan is implemented and rezoning proceeds, there will be further hearings and notices of those hearings will be mailed. Councilmember Grendahl asked how long it will take to implement the plan? Mr. Parker said it will depend on the market, but he believes it will happen faster than the 10 to 20 year time line projected for similar developments in other areas. Councilmember Erickson said he has some concern with access through the street west of Culver’s because vehicles are parked there. Gene Pederson, landowner, said he was not contacted or asked to be part of the Committee involved in the plan. The street west of Culver’s is a private street, paid for by them, and parking is allowed. If 153rd Street is changed, he will object to any costs being assessed to his property that has already paid for streets. The buildings west of Galaxie between 153rd and 152nd Streets are the only two that have the problem. Mr. Kelley said, funding sources for infrastructure will be determined in the implementation phase. In order to assess costs to existing buildings, increased value would have to be demonstrated. It is very unlikely that there would be assessments on existing buildings in the area. Dave Dalbec, landowner, said he is very excited about the plan and supports it. He believes it is very futuristic and hopes it can proceed. Bill Griffith, of the Hartford Group proposing the Legacy, said the plan fits with their plan for development east of Galaxie Avenue. They support the plan, but it should be used for guidance and has to be flexible to adapt to market demands. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 9 Mr. Lovelace said the plan includes the characteristics of flexibility and adaptability and they realize it has to be marketable. In the next phase, the planned development ordinance will be drafted to include development guidelines and performance standards. Resolution No. 2002-89 MOTION: of Er ickson, seconded by Grendahl, adopting approving, for submittal to the Metropolitan Council, an amendment to the Land Use Chapter and 2020 Map of the Comprehensive Guide Plan for the mixed-use, Central Village Small Area Plan, at 153rd Street and Galaxie Avenue, as recommended by the Planning Commission. Keith Hill and Mike Budde, of Culver’s Restaurant, were present. Mr. Hill asked whether green space requirements were being eliminated in the plan and whether there would be inconsistency with existing buildings? Mr. Lovelace said the plan incorporates nodes of green space throughout and some in areas surrounding buildings. Mr. Parker commented on design with parking in the rear of buildings and green space in front. The larger green space areas will also be part of a water retention system. Mr. Hill asked what authority the City has over the private road to the west? Mr. Dougherty said the road is private and parking can be allowed. Vote was taken on the motion. Ayes - 5 - N ays - 0. ORDINANCE AMENDING FIRE DEPARTMENT ORGANIZATION Mr. Lawell reviewed a proposed ordinance amending City Code Sections 32.15 through 32.24 regarding the Fire Department organization, as attached to his memo dated May 6, 2002. With the hiring of a full-time Fire Chief, revisions to the Code language are necessary to change from a volunteer position. The department head position is appointed by the City Council and reports to the City Administrator. The ordinance outlines the duties of the Chief in this context. Since the revisions are relatively minor, it is recommended the Council waive a second reading and pass the ordinance. MOTION: of Goodwin, seconded by Sterling, waiving a second reading and passing Ordinance No. 713 amending Sections 32.15 through 32.24 of the City Code to provide for operations of the Fire Department with a full-time Fire Chief position, appointed by the City Council. Ayes - 5 - Nays - 0. ORDINANCE REGARDING REGULATION OF PUBLIC RIGHT-OF-WAY Mr. Heuer gave the first reading of an ordinance amending City Code Section 96.06 and adding Chapter 97 to the City Code regarding regulation of public right-of-way as attached to his memo dated May 9, 2002. The ordinance requires a permit for excavations or obstructions within a public right-of-way or on public grounds including a sidewalk or pathway. New Chapter 97 establishes CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 2002 Page 10 public right-of-way management regulations on placement and maintenance of facilities and equipment in the rights-of-way. Under this Chapter, persons excavating and obstructing rights-of- way will bear financial responsibility for their work. It provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way and sets permit fees. The Council accepted the first reading. The second reading will be scheduled for May 23, 2002. COMMUNICATIONS & CALENDAR Councilmember Grendahl reported that the nominating committee interviewed eight applicants for the vacancy on the Metropolitan Council on May 7, 2002. The committee, of which she was a member, forwarded its recommendations to the Governor who will make the appointment. The Council received a memo dated May 6, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pa y the claims and bills, check registers dated May 2, 2002, in the amount of $2,392,853.00; and May 9, 2002, in the amount of $5,793,121.56. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:03 o’clock p.m.