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HomeMy WebLinkAbout07/25/2002CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 25th, 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, Police Captain Anglin, Assistant Planner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Natural Resources Coordinator Kehrer, Community Development Director Kelley, Police Captain Lohse, Recreation Supervisor Skinner, 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 Goodwin, seconded by Sterling, moving consideration of Prairie Crossing financial guarantee release to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goo dwin, seconded by Sterling, approving the minutes of the regular meeting of July 11th, 2002, as written. Ayes - 5 - Nays - 0. Resolution No. 2002-145 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a 1989 Ford automobile, valued at $1,500.00, from Kirk E. DeCovich to the Fire Department for use in training. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Page 2 Resolution No. 2002-131 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of a 1987 Honda Prelude automobile from Randy B. Johnson to the Fire Department for use in training. Ayes - 5 - Nays - 0. Resolution No. 2002-132 MOTION: of Goodwin, seconded by Sterling, adopting accepting, with thanks, the donation of installation of a fountain in Belmont Park pond, at a value of $2,700.00, from the Belmont Neighborhood Association and Mark Grendahl. Ayes - 5 - Nays - 0. Resolutions No. 2002-133 and 134 MOTION: of Goodwin, seconded by Sterling, adopting approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for use on September 14 and November 16, 2002, respectively, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2002-135 MOTION: of Goodwin, seconded b y Sterling, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Christus Victor Lutheran Church, for use on August 24, 2002, at 7510 Palomino Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2002-136 MOTION: of Goodwin, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on August 22, 2002, on the application of The Noodle Shop, Co. - Minnesota, Inc., d/b/a Noodles & Company; for on-sale wine and 3.2 percent malt liquor licenses, at 14879 Florence Trail (Fischer Market Place). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing the Minnesota State Patrol to land a helicopter at Redwood Park on August 9, 2002, for participation in a safety camp program as described in the Playground Coordinator’s memo dated July 25, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-137 MOTION: of Goodwin, seconded by Sterling, adopting authorizing disposing of two, 1988 and 1989, snow plow trucks by advertising for sale by sealed bids, to be opened at 2:00 p.m., on August 27, 2002; with a minimum bid for each truck of $17,500.00. Ayes - 5 - Nays - 0. Resolution No. 2002-138 MOTION: of Goodwin, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on August 22, 2002, to consider vacating a portion of the drainage and utility easement along the common lot line of Lots 4 and 5, Block 4, Greenleaf Park Estates (13524 and 13508 Flagstaff Avenue). Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Page 3 Resolution No. 2002-139 MOTION: of Goodwin, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on August 22, 2002, to consider vacating a drainage and utility easement along the common lot line of Lot 7, Block 2, and Outlot B, Hidden Ponds (7390 West 130th Street). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 2 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 & 3 Additions/Remodeling in the amount of an additional $38,128.00 for a generator/trash enclosure at Fire Station No. 1. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting Project 00-136, Regatta Park Improvements, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $1,500.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting Project 00-147, New Century Addition Utility and Street Improvements, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $12,391.96. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 58 to the contract with RJM Construction, Inc., for the Outdoor Family Aquatic Center, in the amount of a $3,000.00 deduction, and approving the Certificate of Substantial Completion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the Traffic Signal Maintenance and Energy Agreement with MnDOT, Dakota County and the City of Burnsville for signals at County Road 11 and I-35E ramps as attached to the Public Works Director’s memo dated July 25, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-140 MOTION: of Goodwin, seconded by Sterling, adopting approving the second revised Vermillion River Storm Water Management Memorandum of Understanding, affecting the City of Rosemount’s position, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PRAIRIE CROSSING FINANCIAL GUARANTEE RELEASE Ms. Bodmer reviewed the request by Rottlund Homes for release of the subdivision financial guarantee for Tousignant’s Prairie Crossing. Release is recommended subject to one more spot treatment of weeds around the ponding area. Treatment was scheduled for today, but delayed CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Page 4 until July 26th due to rain. The required seeding has taken in the overflow area and maintenance can be turned over to the homeowners association. Judy Laudenbach, Joe Hanna, Roxanne Knowles, and Curt Knowles, of the Prairie Crossing Homeowners Association; were present and objected to releasing the funds prior to treatment of the weeds. They questioned whether the outflow area should be maintained as prairie or wetland area. Ms. Laudenbach said they talked with Rottlund about sharing the cost of some other type of plantings, but they were not willing to do so. Mr. Dougherty said the area being discussed is the outflow area outside of the storm water pond. Money was held to pay for seeding the area and growth to occur. The issue being discussed is growth of weeds and the bond was not for that purpose. Mr. Kehrer said he looked at the site today. The perennials that were planted are growing. There are weeds that are taller than the other plants and will be treated with roundup. The perennials will continue growing, but will need ongoing maintenance; generally two mowings a year and some type of weed treatment. Councilmembers Erickson and Goodwin noted that at some point the developer has to be released from a project. The pond outflow area provides an area to prevent storm water from reaching homes and will be needed over time. MOTION: of Erickson, seconded by Goodwin, authorizing release of the subdivision financial guarantee for Tousignant’s Prairie Crossing, from $2,000.00 to 0; subject to Rottlund Homes completing spot treatment of weeds prior to such release. Michael Noonan, of Rottlund Homes, was present and said maintenance of the common area was turned over to the homeowners association one and a half years ago. Since then they have been dealing with issues to satisfy the homeowners. The area was reseeded late last year and it germinated this year. At the request of the City, they mowed it once this year, but no other maintenance was done. Vote was taken on the motion. Ayes - 5 - Nay - 0. AQUATIC CENTER RESCUE, COUNCIL AWARDS OF MERIT Mr. Johnson reviewed events of July 5, 2002, when a lifeguard spotted a child under water and in distress at the Outdoor Aquatic Center. The team of lifeguards took action to rescue and resuscitate the child, four-year old Jack Kleve. They all carried out their duties just as they had been trained to do. He introduced Recreation Supervisor Steve Skinner and Manager Dana Erickson and thanked Police, Fire, and ALF Ambulance personnel for their response. Awards of Merit were presented to lifeguards: Kelly Labs, Jackie Kim, Jennifer Hudspeth, Julie Freiberger, and James Maloney. Jack Kleve and his parents, Dan and Mary Kleve, were present and also thanked everyone for their actions. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Page 5 Mr. Johnson noted that 17 teams competed in the American Red Cross-sponsored Lifeguard Olympics on July 21 at Cascade Bay in Eagan. The Aquatic Center team was the overall winner in eight separate events and received the trophy. The Redwood Pool team also competed, with a smaller team, and gave an excellent performance. The Council congratulated all of them. NATIONAL NIGHT OUT Police Captain Anglin reviewed the agenda of activities planned throughout the City for the 19th annual “National Night Out” on August 6, 2002. He invited everyone to attend a picnic sponsored by the Business Watch program, from 11:00 a.m. to 1:00 p.m., at 15010 Glazier Avenue. Visits by the Police Department and Councilmembers to neighborhood events will begin at 5:00 p.m., and continue throughout the evening. They expect to have about 60 neighborhood parties this year. MOTION: of Erickson, seconded by Goodwin, proclaiming August 6, 2002, as “National Night Out” and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 - Nays - 0. PICKLED PARROT RESTAURANT Mr. Lovelace reviewed the Planning Commission recommendation on a building permit for the Pickled Parrot Restaurant in Fischer Market Place, at the northeast corner of County Road 42 and Galaxie Avenue. This is the fifth restaurant that will complete the site. Design is continuing on the plaza area that will connect patio areas of the restaurants. Fischer Market Place is proposing to remove the ring route structure at the corner and replace it with lower bollards and a curved sign area similar to Southport Centre’s at County Road and Cedar. That concept is proposed to open the view into the site. It would deviate from the ring route design, but there is no structure at the southeast corner of the intersection either. The final design will be brought back to the Council for approval. He reviewed renderings of the 7,345 square-foot restaurant building with a 1,870 square-foot outdoor patio and gazebo. A sidewalk will be constructed around the south side of the building connecting the east parking lot to the northwest entrance. A sidewalk connection will also be provided to the plaza area. The trash and wood storage area on the southeast side of the building will be moved farther from the parking lot. He reviewed the landscape plan that incorporates palm trees as part of its tropical theme. Resolution No. 2002-141 MOTION: of Grendahl, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for construction of the Pickled Parrot restaurant on Lot 1, Block 1, Fischer Market Place 7th Addition, subject to conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Page 6 LEGACY STORM SEWER IMPROVEMENT TAXING DISTRICT Mr. Kelley reviewed the storm sewer pond plans for the Legacy of Apple Valley, located south of 153rd Street between Galaxie and Foliage Avenues. Due to construction of a retaining wall along the south and west sides of a 1.2-acre pond, ongoing maintenance is anticipated. In order to pay for these costs, a special storm sewer improvement taxing district is proposed. The special property tax levy on the district would be used to pay for these additional costs. If established, it would probably be utilized for taxes payable in 2004 Mayor Hamann-Roland called the public hearing to order, at 9:01 p.m., to consider an ordinance authorizing storm sewer improvement taxing districts and establishment of district number 1 and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the details of the ordinance as contained in his memo dated July 22, 2002. The Mayor asked for questions or comments from the Council and the audience. Councilmember Erickson asked what annual costs are expected for the district? Mr. Kelley said they are unknown, but expected to be $5,000 to $6,000 for maintenance. The cost of construction could be a tax levy or specially assessed and that option has not been determined. There were no other questions and the hearing was declared closed at 9:02 p.m. MOTION: of Sterling, seconded by Erickson, waiving a second reading and passing Ordinance No. 720 amending Title V of the City Code by adding Chapter 52 authorizing establishment of storm sewer improvement taxing districts to improve and maintain storm sewer facilities and associated appurtenances and levy special property taxes therefor; and establishing Storm Sewer Improvement Taxing District Number 1 for the Legacy of Apple Valley, located south of 153rd Street between Galaxie and Foliage Avenues. Ayes - 5 - Nays - 0. PROJECT 02-197, LEGACY STORM WATER POND & RETAINING WALL Mayor Hamann-Roland called the public hearing to order, at 9:04 p.m., to consider Project 02- 197, Legacy of Apple Valley Storm Water Pond and Retaining Wall Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated July 1, 2002, describing the pond with a concrete retaining wall and railing along the west and south sides of the pond. The report estimates the project cost at $369,000. The developer has asked that the City also do the grading, estimated at $115,000, that would increase the cost to $484,000. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 9:07 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2002 Page 7 Resolution No. 2002-142 MOTION: of Grendahl, seconded by Goodwin, adopting ordering installation of Project 02-197, Legacy of Apple Valley Storm Water Pond and Retaining Wall Improvements. Ayes - 5 - Nays - 0. Resolution No. 2002-143 MOTION: of Erickson, seconded by Sterling, adopting approving plans and specifications for Project 02-197, Legacy of Apple Valley Storm Water Pond and Retaining Wall Improvements, and authorizing advertising for receipt of sealed bids, at 2:00 p.m., on August 15, 2002. Ayes - 5 - Nays - 0. PROJECT 02-201, LEGACY LANDSCAPING IMPROVEMENTS Mr. Gordon reviewed the Assistant Planner’s memo dated July 22, 2002, describing landscaping improvements proposed within the public areas of the Legacy development. The developer has asked the City to design and install landscaping within the right-of-way of 153rd Street, at the south end of the pond, and walkways connecting through the site. Preparation of a report is requested that would detail the items, costs, and methods of financing. The design would also be reviewed with the Parks and Recreation Director for input. It is not anticipated there would be any construction on these items this year. Resolution No. 2002-144 MOTION: of Goodwin, seconded by Sterling, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 02-201, Legacy of Apple Valley Landscaping Improvements. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated July 22, 2002, with a calendar listing upcoming events. Mayor Hamann-Roland noted the Mayors’ Regional Housing Task Force will be hosting an open house for State Legislative candidates at the Municipal Center. It will be in the Regent Room, on August 8, 2002, from 3:00 to 5:00 p.m. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, chec k registers dated July 18, 2002, in the amount of $3,291,757.20; and July 24, 2002, in the amount of $921,583.03. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:13 o’clock p.m.