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HomeMy WebLinkAbout08/22/2002CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 22nd, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Ha mann-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, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, 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 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, secon ded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of August 8th, 2002, as written. Ayes - 5 - Nays - 0. Resolution No. 2002-153 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of three American flag pictures from Apple Valley American Legion, Post 1776, to the Fire Department for display at the Fire Stations. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Page 2 Resolution No. 2002-154 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1986 Dodge van, valued at $1,800.00, from John A. Anderson, 6580 West 132nd Street, for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0. Resolution No. 2002-155 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat of Valley Business Park 3rd Addition (replat of part of Outlot B and Lot 1, Block 2, Valley Business Park), waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-156 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat of Valley Business Park 4th Addition (replat of Outlot A, Valley Business Park 2nd Addition), waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approvin g reduction of financial guarantees for: Dalseth Dental NRMP, from $6,300.00 to 0; and Dalseth Dental Landscape Security, from $5,000.00 to $1,625.00. Ayes - 5 - Nays - 0. Resolution No. 2002-157 MOTION: of Sterling, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 02-202, Dodd Boulevard Improvements East of Pilot Knob Road. Ayes - 5 - Nays - 0. Resolution No. 2002-158 MOTION: of Sterling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on September 12, 2002. Ayes - 5 - Nays - 0. Resolution No. 2002-159 MOTION: of Sterling, seconded by Good win, adopting directing the City Engineer to prepare plans and specifications for Project 93-334, Galles Addition and Palomino East Apartments Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Project 00-129, Salt Storage Building at Central Maintenance Facility, as final and authorizing final payment on the contract with Park Lane Construction & Development Corp., in the amount of $16,776.56. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving an Agreement for Conversion of a 1992 Chevrolet Step Van to a Joint Police/Fire Command Van with North Central Ambulance Sales & Service, Inc., at a cost of $30,690.80, as attached to the Police CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Page 3 Captain’s memo dated August 7, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a First Amendment to Lease with Sprint Spectrum L.P. , for an antenna site at Valleywood Water Reservoir, for relocation of an easement, as attached to the Public Works Director’s memo dated August 22, 2002; and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Lease Agreement with Verizon Wireless LLC, for an antenna site at Valleywood Water Reservoir, as attached to the Public Works Director’s memo dated August 22, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2002-160 MOTION: of Sterling, seco nded by Goodwin, adopting approving the recombination of two parcels, created by Resolution No. 2002-50, into Lot 1, Block 1, Pennock Place Senior Housing, waiving the requirement for a development agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated August 22, 2002. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RING-AROUND-THE-ARTS FESTIVAL Recreation Supervisor Bill Bird was present and described activities planned for the Ring-Around- The-Arts festival on September 14 and 15, 2002. This is the tenth anniversary of the festival and 77 artists will participate; 44 of whom are returning artists. The festival will again be held in the parking lot at the Outdoor Aquatic Center. He thanked the sponsors for supporting the Committee led by Regina Mulder and Carole Elfstrom. He also invited everyone to attend a wine tasting fund-raiser being held by the Committee on September 26, 2002, from 6:30 to 9:00 p.m., at the Minnesota Zoo. MOTION: of Sterling, seconded by Erickson, approving activities and vendors at the Outdoor Aquatic Center in connection with the Ring-Around-The-Arts festival on September 14 and 15, 2002, as described in the Recreation Supervisor’s memo dated August 14, 2002. Ayes - 5 - Nays - 0. SALE OF CITY GENERAL OBLIGATION BONDS CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Page 4 Steve Mattson, of Juran & Moody, fiscal consultant, was present and distributed an offer to purchase general obligation bonds of the City in a negotiated sale. He noted the City has now received a rating increase to AA3 by Moody’s Investors Service. The analysis showed the City as financially strong and stable resulting in the new rating. Resolution No. 2002-161 MOTION: of Grendahl, seconded by Sterling, adopting providing for the issuance and sale of the City’s $1,690,000 General Obligation Improvement Bonds of 2002 to Juran & Moody, at a net effective interest rate of 2.791 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0. Mr. Mattson distributed an offer to purchase general obligation refunding bonds of the City in a negotiated sale. The refinancing results in net savings of $386,235.83 to the City. Resolution No. 2002-162 MOTION: of Goodwin, seconded by Erickson, adopting providing for the issuance and sale of the City’s $3,335,000 General Obligation Refunding Bonds of 2002 to Juran & Moody, at a net effective interest rate of 3.3617 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0. NOODLES & COMPANY ON-SALE WINE & BEER LICENSES Mayor Hamann-Roland called the public hearing to order, at 8:30 p.m., to consider the application of The Noodle Shop Co. - Minnesota, Inc., d/b/a Noodles & Company, for On-Sale Wine and 3.2 Percent Malt 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 14879 Florence Trail as described in the City Clerk’s memo dated August 19, 2002. Mary Beth Pfeifer, Regional Director, and Tami Bohlin, General Manager at the site, were present to answer questions. They said construction is on schedule and the restaurant plans to open by the end of October. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:32 p.m. Resolution No. 2002-163 MOTION: of Grendahl, seco nded by Goodwin, adopting approving issuance of On-Sale Wine and 3.2 Percent Malt Liquor Sales Licenses, expiring December 31, 2002, to The Noodle Shop Co. - Minnesota, Inc., d/b/a Noodles & Company, in Fischer Marketplace, at 14879 Florence Trail, subject completion of the building for occupancy prior to the licenses becoming effective. Ayes - 5 - Nays - 0. EASEMENT VACATIONS - 13508 & 13524 FLAGSTAFF AVENUE Mayor Hamann-Roland called the public hearing to order, at 8:33 p.m., to consider vacating drainage and utility easements along the common lot line of Lots 4 and 5, Block 4, Greenleaf Park CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Page 5 Estates, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed her memo dated August 12, 2002, describing the request to vacate five feet of a ten-foot easement on either side of the lot line. Extra width was allowed for installation of a storm sewer line, but it was installed in the rear yards of the properties instead. The City will receive separate easements for the storm sewer line and retain five-foot easements along the common lot line. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:35 p.m. Resolution No. 2002-164 MOTION: of Grenda hl, seconded by Sterling, adopting completing vacation of five feet of a ten-foot easement along the common lot line of Lots 4 and 5, Block 4, Greenleaf Park Estates (13508 and 13524 Flagstaff Avenue), and authorizing recording the necessary documents. Ayes - 5 - Nays - 0. BRANTNER ADDITION & EASEMENT VACATION Ms. Bodmer reviewed her memo dated August 15, 2002, describing a proposed two-lot replat of property at 7390 West 130th Street. The Brantner’s own three lots and their home is currently located over the lot line between Lot 7, Block 2, and Outlot B, Hidden Ponds. They are requesting vacation of the easement along that lot line and replatting the three lots into two lots for construction of a new home. They are also requesting a setback variance for the new lot due to the requirement for a rearyard 50-foot setback from the Cedar Avenue right-of-way. The Planning Commission has reviewed the proposal and recommended its approval. Mayor Hamann-Roland called the public hearing to order, at 8:41 p.m., to consider vacating drainage and utility easements along the common lot line between Lot 7, Block 2, and Outlot B, Hidden Ponds, and noted receipt of the affidavit of publication of the hearing notice. Councilmember Sterling asked what will happen to the triangle shaped portion of Lot 24, Block 1, Hidden Ponds, that appears to be remaining? Ms. Bodmer said the house on Lot 23 actually encroaches onto that property and the Brantners are working with that owner to resolve it. The Mayor asked for other questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:42 p.m. Resolution No. 2002-165 MOTION: of Goodwin, seconded by Erickson, adopting completing vacation of drainage and utility easements along the common lot line between Lot 7, Block 2, and Outlot B, Hidden Ponds (7390 West 130th Street), and authorizing recording the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2002-166 MOTION: of Goodwin, seconded by Grendahl, adopting approving the final plat of Brantner Addition (replat of Lot 7, Block 2, Outlot B, and part of Outlot A, Hidden Ponds and vacated 130th Street) with conditions as recommended by the Planning Commission; waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Page 6 MOTION: of Goodwin, seconded by Erickson, granting setback variances to allow construction of a new house to within 20 feet of the front lot line and 30 feet of the rear lot line on Lot 1, Block 1, Brantner Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. HILLCREST ACRES MULTI-TENANT BUILDING Mr. Lovelace reviewed the Planning Commission recommendation on an application for a building permit for construction of a 4,057 square foot multi-tenant building at the southwest corner of 151st Street and Flagstaff Avenue. He reviewed the grading plan for the parking lot and retaining wall on the east side of the lot. The Traffic consultant reviewed the plans and the applicant revised the site plan to conform to the recommendation. He reviewed the landscape plan with the recommendation of adding shrubs along the south and west sides of the lot between the sidewalk and parking spaces. A decorative barrier fence will be constructed along the top of the retaining wall where it exceeds five feet in height. The trash dumpster enclosure will be located on the west side of the lot and recessed into the green space. Resolution No. 2002-167 MOTION: of Erickson, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for a multi-tenant retail building on Lot 5, Block 1, Hillcrest Acres, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. LEGACY SQUARE TOWNHOMES Ms. Dykes reviewed the Planning Commission recommendation on a proposal for 113 townhome units, in 18 buildings, at the southwest corner of 153rd Street and Foliage Avenue. The 7.3-acre site is in the Legacy of Apple Valley Planned Development and the ordinance will need to be amended to include the townhouse zone. She reviewed sketches of the exterior building elevations. All garage doors face the rear of the buildings and are served by internal private streets. The rear building exteriors will be revised to use trim and brick similar to the front of each unit. The design of the development is not as urban as in a downtown city, but it is more urban than a typical suburban design in that the fronts of the units are closer to the street and parking is in the rear. Richard Palmateer, of Town & Country Homes, and Krista Fleming, Project Manager, the developers were present to answer questions. Mr. Palmateer said this will be an urban feeling project and the color of the exterior on the front of a unit will be carried through on the back with brick on the units that have it on the front. Snow removal on the driveways and private streets will be covered by the homeowners association and may have to be hauled away. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 2002 Page 7 Ms. Dykes reviewed revisions to the draft resolution incorporating recommendations of the Planning Commission on August 21, 2002. Resolution No. 2002-168 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for Legacy Square Townhomes, 113 units, on Outlot C, The Legacy of Apple Valley, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated August 19, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated August 14, 2002, in the amount of $10,397,957.08; and August 22, 2002, in the amount of $7,856,860.23. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:20 o’clock p.m.