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HomeMy WebLinkAbout05/23/2002CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 23rd, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-R oland; Councilmembers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Grendahl. City staff members present were: Assistant to the City Administrator Grawe, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Planner Dykes, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, 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 Sterling, 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 Goodwin, seconded by Sterling, approving all items on the consent agen da with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of May 9th, 2002, as written. Ayes - 4 - Nays - 0. Resolution No. 2002-90 MOTION: of Goodwin, seconded by Sterling, adopti ng approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County 40 & 8, Voiture 1457, for use on July 27 and 28, 2002, at 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Dakota County 40 & 8, Voiture 1457, for use CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Page 2 on July 27 and 28, 2002, in connection with its outdoor events at 14521 Granada Avenue, as described in the City Clerk’s memo dated May 20, 2002. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing the expenditure of $11,400.00, from contingency funds, for additional “Apple Valley Today” government access program production, as described in the Assistant to the City Administrator’s memo dated May 23, 2002. Ayes - 4 - Nays - 0. Resolution No. 2002-91 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for an outdoor patio at Apple Place, on part of Lot 2, Block 7, Apple Valley Commercial Addition (14917 Garrett Avenue) with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-92 MOTION: of Goodwin, secon ded by Sterling, adopting amending the On-Sale and Special License for Sunday Liquor Sales issued to Rich Mgt., Inc., d/b/a Apple Place, at 14917 Garrett Avenue, to include the approximately 3,500 square foot outdoor patio area, being constructed at the northeast entrance to the building, as licensed premises for the sale of liquor. Ayes - 4 - Nays - 0. Resolution No. 2002-93 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for an addition to Fire Station No. 2 and granting a setback variance to allow construction to within 34 feet of the south lot line on Outlot D, Scott Highlands 3rd Addition (13995 Galaxie Avenue), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-94 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for an addition to Fire Station No. 3 on part of Outlot B, Property Underwriter’s Addition (14195 Essex Avenue), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the policy and procedures for administering change orders to the construction contract for Fire Stations No. 2 and 3 Additions and Remodeling Project as described in the Assistant to the City Administrator’s memo dated May 23, 2002. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving contracting with Braun Intertec for special inspection and construction testing services for Fire Stations No. 2 and 3 Additions and Remodeling Project, estimated at $8,787.00, and authorizing CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Page 3 execution of the necessary documents, as described in the Assistant to the City Administrator’s memo dated May 23, 2002. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a Certificate of Completion for the house constructed by Twin Cities Habitat for Humanity, at 15945 Garrett Path, as attached to the Assistant Planner’s memo dated May 15, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4- Nays - 0. Resolution No. 2002-95 MOTION: of Goodwin, seconded by Sterling, adopting receiving the preliminary engineering feasibility report for Project 02-192, Talcott Glen 2nd Addition Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on June 13, 2002. Ayes - 4 - Nays - 0. Resolution No. 2002-96 MOTION: of Goodwin, seconded by Sterling, adopting directing the City Engineer to prepare plans and specifications for Project 02-192, Talcott Glen 2nd Addition Utility Improvements. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting the Ring Route Light Pole Painting Project as final and authorizing final payment on the contract with Budget Sandblasting & Painting, Inc., in the amount of $23,100.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, receiving and approving implementation of the Pedestrian Crosswalk Study, dated May 8, 2002, prepared by Short Elliott Hendrickson, Inc., as recommended in the Public Works Director’s memo dated May 23, 2002. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving an Aquatic Nuisance Management Service Agreement with the City of Burnsville and Midwest Aqua Care, Inc., for treatment of Eurasian watermilfoil on Lac Lavon, at a cost to the City of $4,000.00, as attached to the Natural Resources Coordinator’s memo dated May 23, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving a Contract for Services with Dan Bale as Team Leader for the 2002 Wetland Health Evaluation Program, at a fee of $2,000.00, as attached to the Natural Resources Coordinator’s memo dated May 23, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated May 23, 2002. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Page 4 MOTION: of Goodwin, seconded by Sterling, proclaiming May 31st, 2002, as “World No Tobacco Day”, to encourage tobacco-free sports events and youth recreation activities. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA DEFIBRILLATOR PROGRAM & DONATION Stew Shepard, of the Fire Department, and JoEllen Rutzen, of the Police Department, described the Public Access Defibrillation (PAD) Program being instituted with the business community. Businesses are being encouraged to purchase Automatic External Defibrillators (AED) and keep them available to aid heart attack victims. In partnership with ALF Ambulance, training on use of the units and maintenance checks will be provided to the businesses. A video, provided by the American Heart Association, was shown demonstrating the importance of AEDs in saving lives in cardiac arrest situations. Marv Iverson, Treasurer, and Jerry Hill, President, of the Apple Valley Seniors, presented a portable Survivalink defibrillator to the City for use at Valleywood Golf Course. Mr. Hill said this is the second unit their organization raised funds to purchase and hopes this will be an incentive for all businesses in the City to acquire such units. Mr. Johnson accepted the defibrillator on behalf of the City and said it will be moved to one of the ice arenas during the winter months. Resolution No. 2002-97 MOTION: of Sterling, seconded by Erickson, adopting accepting, with thanks, the donation of a Survivalink automatic external defibrillator, valued at $2,095.00, from the Apple Valley Seniors for use at Valleywood Golf Course. Ayes - 4 - Nays - 0. 2002 SPECIAL ASSESSMENT ROLLS 499, 501-505, 507 & 508 Mayor Hamann-Roland called the public hearing to order, at 8:26 p.m., on Special Assessment Rolls No. 499, 501 through 505, 507, and 508 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 20, 2002, describing the assessment rolls, totaling $4,064,556.00, for improvement projects. Assessment Roll 502, for unplatted property adjacent to Orchard Pointe, is being amended to a 15-year term. As provided for in agreements with those property owners, payment of the assessments is also being deferred for up to 10 years. A letter dated May 22, 2002, from Fischer Sand & Aggregate, stating these terms was received. No other written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:27 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Page 5 Resolution No. 2002-98 MOTION: of Goodwin, seconded by Sterling, adopting approving and levying 2002 Special Assessment Rolls No. 499, 501 through 505, 507, and 508, in the total amount of $4,064,556.00. Ayes - 4- Nays - 0. 2002 SPECIAL ASSESSMENT ROLL 506 Mayor Hamann-Roland called the public hearing to order, at 8:28 p.m., on Special Assessment Roll No. 506 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated May 20, 2002, describing the assessment roll, totaling $53,963.16, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:29 p.m. Resolution No. 2002-99 MOTION: of Erickson, seconded by Goodwin, adopting approving and levying 2002 Special Assessment Roll No. 506, in the total amount of $53,963.16. Ayes - 4 - Nays - 0. LEGACY OF APPLE VALLEY DEVELOPMENT Ms. Dykes reviewed the Planning Commission recommendation on the Legacy of Apple Valley planned development located south of 153rd Street between Galaxie Avenue and Foliage Avenue. The approximately 28-acre site is proposed to be subdivided into 11 lots and two outlots for a mixed-use development. Outlot A is shown as a storm water pond that will be incorporated with other lots containing a building in the final plat. Outlot B is shown as the 153rd Street coupler that will be shown as right-of-way on the final plat. Lot 11 is shown as a parking structure and will be incorporated into one or more lots that contain a building on the final plat. Maintenance of the parking structure and storm water pond will be addressed in the planned development agreement. Councilmember Sterling asked how the connection of 153rd Street will be handled if the one-way design is implemented? Ms. Dykes said 153rd Street does not need to be constructed at this time. As part of the Central Village Plan, a grant is being pursued to help with implementation of the street plan and parking structure. Mr. Kelley said grant applications for the infrastructure funding are due July 15th and the City does not want to proceed with that construction until the grant status is known. Bill Griffith, Elizabeth Kautz, and other members of the Hartford Group, the developer, were present to answer questions. Mr. Griffith said Town & Country Homes is the builder that will be putting together plans for the 114 townhouses on Lot 2. Resolution No. 2002-100 MOTION: of Goodwin, seconded by Erickson, adopting approving, for submittal to the Metropolitan Council, an amendment to the Land Use Guide Map of the Comprehensive Guide Plan, from “C” (Commercial) to CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Page 6 “MIX” (Mixed Use), for the Legacy of Apple Valley, south of 153rd Street between Galaxie Avenue and Foliage Avenue, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, directing Staff to prepare a Planned Development Ordinance and Agreement for the Legacy of Apple Valley mixed use development with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-101 MOTION: of Sterling, seconded by Goodwin, adopting approving the preliminary plat of the Legacy of Apple Valley, south of 153rd Street between Galaxie Avenue and Foliage Avenue, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-102 MOTION: of Erickson, seconded by Sterling, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 02-164, Legacy of Apple Valley Utility and Street Improvements. Ayes - 4 - Nays - 0. HAWTHORNE PLANNED DEVELOPMENT Ms. Bodmer reviewed her memo, dated May 20, 2002; describing final approvals for Hawthorne Planned Development located south of 157th Street between Galaxie Avenue and Foliage Avenue. The approximately 45-acre development contains 180 townhomes, 90 condominium units, two lots for common ownership, and an outlot for future development. The developer will be installing utilities privately, designed to City standards. Mark Sonstegard, of Ryland Homes, the developer, was present to answer questions. Ordinance No. 714 MOTION: of Goodwin, seconded by Sterling, passing amending Chapter 155 of the City Code by adding Article A29 establishing a new planned development zoning designation for Hawthorne, located south of 157th Street between Galaxie Avenue and Foliage Avenue, with a mix of moderate density multiple residential uses, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2002-103 MOTION: of Erickson, seconded by Sterling, adopting approving the final plat and Development Agreement for Hawthorne and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. ORDINANCE REGARDING REGULATION OF PUBLIC RIGHT-OF-WAY Mr. Heuer gave the second 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 23, 2002. The ordinance requires a permit for excavations or obstructions within a public CITY OF APPLE VALLEY Dakota County, Minnesota May 23, 2002 Page 7 right-of-way or on public grounds including a sidewalk or pathway. New Chapter 97 establishes 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. Councilmember Sterling asked if a permit is needed to replace a driveway under this ordinance? Mr. Heuer said yes, the permit fee will be $10.00. One reason for the permit is to make sure sidewalks are not impacted by such work. Ordinance No. 715 MOTION: of Erickson, seconded by Goodwin, passing amending City Code Section 96.06 and adding Chapter 97 to the City Code regarding regulation of public right-of-way, including placement and maintenance of facilities and equipment; and requiring permits therefor. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated May 20, 2002, with a calendar listing upcoming events. Mayor Hamann-Roland noted that Pat MulQueeny, Apple Valley Chamber of Commerce President, has resigned to take a position with the Eden Prairie Chamber of Commerce. The Council wished him well and thanked him for his work in Apple Valley. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and b ills, check registers dated May 15, 2002, in the amount of $475,324.02; and May 22, 2002, in the amount of $5,545,714.84. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:58 o’clock p.m.