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HomeMy WebLinkAbout06/13/2002CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 13th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann -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, Recreation Supervisor Bird, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks & 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 Grendahl, 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. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all it ems 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 May 23rd, 2002, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained). MOTION: of Sterling, seconded by Grendahl, proclaiming June 14, 2002, as “National Small Cities Day” in support of building quality communities in small cities to better the lives of all citizens. Ayes - 5 - Nays - 0. Resolution No. 2002-104 MOTION: of Sterling, seconded by Grend ahl, adopting accepting, with thanks, the donation of $250.00 from Bonestroo, Rosene, Anderlik & CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 2 Associates, Inc., for use toward parks and recreation programs and activities. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a temporary license for an outdoor special event to H.O. C., Inc., d/b/a Rascals Apple Valley Bar & Grill, on June 28, 2002, from 6:00 p.m. to 12:00 midnight, for use in the parking lot at 7721 West 147th Street; and temporary street closings for a car show, with conditions as described in the City Clerk’s memo dated June 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving use of City streets for the July 4, 2002, Apple Valley Freedom Days parade and authorizing temporary closure of certain streets, beginning at 11:00 a.m., as requested in the Recreation Supervisor’s memo dated June 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Fireworks Display Agreem ent with RES Specialty Pyrotechnics, Inc., to provide a fireworks display on July 4, 2002, at a total cost of $15,875.00, as attached to the Recreation Supervisor’s memo dated May 13, 2002, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-105 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley High School All Sports Booster Club, for use on September 29, 2002, at 14450 Hayes Road, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of new 2002 Filling Station and Tobacco Sales Licenses to Jordan Stop/Mobil, Inc., at 213 County Road 42, as described in the City Clerk’s memo dated June 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a party permit to Kelly Taschler, 4235 Wentworth Avenue South, Minneapolis, Minnesota, for a wedding shower, at Alimagnet Park, pursuant to City Code Section 95.03(G)(1), valid on July 20, 2002, only. Ayes - 5 - Nays - 0. Resolution No. 2002-106 MOTION: of Sterling, seconded by Grendahl, adopting declaring a Reising Model 55 submachine gun, now in possession of the Police Department, to be of no value to the City and authorizing disposing of it by transferring it to the Minnesota Military History Museum, at Fort Ripley, Minnesota. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 3 Resolution No. 2002-107 MOTION: of Sterling, seconded by Grendahl, ad opting encouraging the Minnesota Legislature to enact uniform statewide regulations related to smoking in restaurants and bars. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing the expenditure of $6,000. 00 to the Apple Valley Chamber of Commerce, for its annual funding, as requested in the Community Development Director’s memo dated June 7, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with the Metropolitan Council for the 2002 Citizen Assisted Lake Monitoring Program, as attached to the Natural Resources Coordinator’s memo dated June 13, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a three-year Energy Service Agreement with Reliant Energy Retail, Inc., for purchase of natural gas at Apple Valley Sports Arena, Central Maintenance Facility, Family Aquatic Center, and the Municipal Center; as attached to the Public Works Supervisor’s memo dated June 13, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction of a house addition to within 20 feet of the rear lot line on Lot 1, Block 2, Scott Highlands 1st Addition (13801 Gladiola Way), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-108 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering feasibility report for Project 01-164, Legacy of Apple Valley Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on July 11, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-109 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 01-164, Legacy of Apple Valley Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdi vision financial guarantees for: Galaxie Commons, from $2,350.00 to 0; Cedar Isle Village Homes 2nd Addition, from $4,621.00 to 0; and Culver’s Addition, from $39,454.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Dakota County for Project 42-93, construction of turn lanes on County Road 42 at Embry Avenue and at Easter Avenue and drainage improvements at the intersection of County CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 4 Road 42 and Garrett Avenue, as attached to the Public Works Director’s memo dated June 13, 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 Wagner Construction of Hampton, Inc., for Landscape Renovation at Apple Valley Community Center and Teen Center, in the amount of $29,902.48, as attached to the Park Maintenance Superintendent’s memo dated June 4, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Contract for 2002 Tree Inspection Services with Kunde Co., Inc., as attached to the Natural Resources Coordinator’s memo dated June 13, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving transfer of Suzanne Hatcher to the position of Police Records Technician as listed in the Personnel Report dated June 13, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Tim Miller for the position of Code Enforcement Inspector as listed in the Personnel Report dated June 13, 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 13, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 4TH OF JULY CELEBRATION Pat Schesso, Freedom Days Committee and Parade Chair, described activities planned for this year’s July 4th celebration, with the theme of “Stars & Stripes Forever”, and invited everyone to attend. A brochure listing activities will be distributed to residents June 22nd and an information hotline, at (952) 985-2900, is also available. Activities begin, on June 28th with a Dancin’ & Cruisin’ car show and entertainment at Rascals. July 1st will be a golf tournament at Valleywood Golf Course. July 3rd will be family fun night and picnic at Hayes Field. On July 4th, the parade starts, at 1:00 p.m., at Pennock Avenue and Fireside Lane and ends at Apple Valley High School. Pre-fireworks entertainment begins at 6:00 p.m., at Johnny Cake Ridge Park, and the evening concludes with a fireworks display, at 10:00 p.m. The Council thanked her and the Committee for all the work they put into the celebration. CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 5 Mr. Johnson noted that the grand opening for the Tier II indoor skateboard park, at Hayes Arena will be June 15, 2002, at 2:00 p.m. There will be no charge for admission that afternoon and he invited everyone to attend. Resolution No. 2002-110 MOTION: of Erickson, seco nded by Sterling, adopting proclaiming July 4, 2002, as “The 36th Annual Apple Valley 4th of July Celebration” and encouraging citizens to support and participate in the community-wide celebration. Ayes - 5 - Nays - 0. OPTIMIST “RESPECT FOR LAW” AWARD Lloyd Cybart, Vice President of Apple Valley Optimists, presented their 2002 “Respect for Law” award to Police Officer John Broughten. He read the letter from Police Chief Johnson nominating Officer Broughten for the award and noted John was also honored by his fellow employees as “Exceptional Sworn Officer of the Year” for 2001. The Council congratulated him for receiving the award and thanked him for the work he does for the City. COBBLESTONE LAKE UTILITY EASEMENT VACATION Mayor Hamann-Roland called the public hearing to order, at 8:22 p.m., to consider vacating part of a 20-foot drainage and utility easement in Cobblestone Lake, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo, dated June 10, 2002, describing the easement vacation over property that will be developed as Cobblestone Lake 2nd Addition. Only the portion over future Lots 1-5, Block 4, will be needed for a storm sewer line. Action on completing the vacation will be scheduled when the plat for the 2nd Addition is prepared providing the replacement easement. 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. PROJECT 02-192, TALCOTT GLEN 2ND ADDITION IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:28 p.m., to consider Project 02- 192, Talcott Glen 2nd Addition Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated May 6, 2002, describing the sanitary sewer, water, and storm sewer improvements. The entire cost will be assessed against the four lots proposed on the east side of Diamond Path at the 135th Street alignment. Action on ordering the project will be scheduled when the plat is prepared for approval. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:30 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 6 INTERNATIONAL HOUSE OF PANCAKES RESTAURANT Mr. Lovelace reviewed the Planning Commission recommendation on the proposal to construct a 4,179 square-foot International House of Pancakes restaurant at the southeast corner of Gadwall Street and Galaxie Avenue. He reviewed a revised site plan for Lot 1 showing development of restaurants replacing retail uses on the entire lot. A total of five restaurants, in four buildings, will be developed on the site. The applicant has agreed to recommendations by the traffic engineer for driveway access and parking lot circulation. He showed renderings of the building elevations and said the rear elevation will be revised to include an awning over the service doors and lighting on the columns. Resolution No. 2002-111 MOTION: of Grendahl, sec onded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for International House of Pancakes restaurant on Lot 1, Block 1, Fischer Market Place 7th Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ABRA AUTO BODY BUILDING Ms. Dykes reviewed the Planning Commission recommendation on the proposal to construct a 17,900 square-foot ABRA Auto Body building at the southwest corner of 151st Street and Foliage Avenue. She showed renderings of the building elevations and said it will be constructed of burnished block with glazed block accents. A conditional use permit for outdoor storage of vehicles is also requested. Vehicles that are waiting to be repaired will be parked in a screened and fenced area on the west side of the building. Vehicles that have been repaired will be parked in a screened area on the south side of the building. Resolution No. 2002-112 MOTION: of Erickson, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for ABRA Auto Body repair facility on Lot 2, Block 1, DJD Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2002-113 MOTION: of Sterling, seconded by Goodwin, adopting approving a Conditional Use Permit for overnight outdoor storage of vehicles at ABRA Auto Body on Lot 2, Block 1, DJD Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE REGULATING POTENTIALLY DANGEROUS & DANGEROUS DOGS Police Chief Johnson gave the first reading of an ordinance amending City Code Section 91.20 regulating potentially dangerous and dangerous dogs as attached to his memo dated June10, 2002. The amendments require notification to the City when a dangerous dog dies or is relocated to another jurisdiction. A dog declared potentially must have a microchip implanted for identification. The appeals process, in place for dangerous dog declarations, is extended to allow CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 7 appeal of a potentially dangerous declaration. The Council accepted the first reading. The second reading will be scheduled for June 27, 2002. CEDAR AVENUE TRANSITWAY STUDY COMMITTEE Mr. Lawell reviewed his memo, dated June 10, 2002, regarding Dakota County’s request that the City appoint representatives to participate in Phase II of the Cedar Avenue Transitway Corridor Study. Phase II work includes a scoping study leading to environmental work; feasibility studies of extending the transitway south to County Road 70, in Lakeville, and southwest along I-35 to County Road 46; an alternatives analysis; and a short-range transit improvements study. Two committees are being formed, a Management Committee, to deal with policy level issues, and a Technical Advisory Committee, to assist in managing the details of the project. MOTION: of Goodwin, seconded by Grendahl, appointing Kathy Bodmer, Assistant Planner, as primary representative, and Rick Kelley, Community Development Director, as alternate representative, on the Cedar Avenue Transitway Study, Phase II, Technical Advisory Committee, as described in the City Administrator’s memo dated June 10, 2002. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, appointing Mayor Hamann-Ro land as the City’s representative on the Cedar Avenue Transitway Study, Phase II, Management Committee, as described in the City Administrator’s memo dated June 10, 2002. Ayes - 5 - Nays - 0. LEGACY OF APPLE VALLEY SUPPLEMENTARY ENGINEERING REPORT Mr. Kelley reviewed his memo, dated June 13, 2002; describing a request for a supplementary engineering feasibility report for construction of a storm water pond and walls in the Legacy of Apple Valley development in the southeast corner of 153rd Street and Galaxie Avenue. A special service taxing district had been contemplated to provide for pond maintenance, snow removal, and other specialized maintenance activities in the development. It now appears that such a district can only be used to collect taxes from commercial land. Because much of the benefit will be to residential land uses, an alternative approach could be use of a storm sewer improvement district. Establishment of this type of district is still being researched, but it appears that maintenance costs can only be collected for those improvements that were constructed by similar tax proceeds. The report and further research on an ordinance establishing a district would be brought back to the Council. Resolution No. 2002-114 MOTION: of Goodwin, seconded by Sterling, ado pting ordering the City Engineer to prepare a supplementary feasibility report for Project 02-197, Legacy of Apple Valley Storm Water Pond and Wall. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 8 MOTION: of Grendahl, seconded by Erickson, directing Staff t o research and prepare a draft ordinance establishing a storm water improvement district for the Legacy of Apple Valley as recommended in the Community Development Director’s memo dated June 13, 2002. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated June 10, 2002, with a calendar listing upcoming events. Councilmember Sterling noted that this year’s Chair of the National League of Cities Small Cities Council is Del Haag, Councilmember of Buffalo, Minnesota. Small cities are defined as those of less than 50,000 population. The June 14th proclamation is to recognize the importance of America’s small cities and towns. Mayor Hamann-Roland thanked Brett Andersen, of Thisweek Newspaper, for publishing monthly articles on Traffic Safety Advisory Committee issues. The articles will appear the first Saturday of the month and June’s first article discussed speed bumps. Mayor Hamann-Roland noted that the Parks and Recreation Department, School District, and Community Education have jointly published, and are distributing, a booklet featuring summer activities for youth grades 5 to 12. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check registers dated May 29, 2002, in the amount of $664,985.50; June 6, 2002, in the amount of $14,332,829.20; and June 13, 2002, in the amount of $5,876,187.27. 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 and Williams Pipeline litigation. MOTION: of Erickson, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss Palomino East Apartment/Watrud and Williams Pipeline Company litigation with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 9:06 p.m. and the Council convened in the Regent Conference Room, at 9:14 p.m., along with City Attorney Dougherty, League of Minnesota Cities Insurance Trust Attorney George Hoff, 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 CITY OF APPLE VALLEY Dakota County, Minnesota June 13, 2002 Page 9 the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Mr. Hoff discussed the Palomino East Apartment/ Watrud matter and left the meeting at 9:51 p.m. at which time Mr. Dougherty continued with discussion of Williams Pipeline Company litigation issues. The Council reconvened in open session at 9:59 p.m. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:00 o’clock p.m.