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HomeMy WebLinkAbout06/12/2003CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 12th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Councilmembe rs Bergman, Erickson, and Grendahl. ABSENT: Mayor Hamann - Roland and Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Assistant Pl anner Bodmer, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks & Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Str auss, and Fire Chief Wassmund. Acting Mayor Erickson 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 Bergman, seconded by Grendahl, approving the agenda for tonight’s me eting as amended. Ayes - 3 - Nays - 0. AUDIENCE Acting Mayor Erickson 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 Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of May 22nd, 2003, as written. Ayes - 2 - Nays - 0 (Grendahl Abstained). Resolution No. 2003 - 102 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of 300, 16 by 24 - inch, United States replacement flags from Apple Valley American Legion Post 1776, for display on th e downtown “ring route”. Ayes - 3 - Nays - 0. Resolution No. 2003 - 103 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1991 Geo Metro automobile from Adam and Carole CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 2 Miller, 129 Oakwood Road, Apple Valley, for use by the Fire Department in training purposes. Ayes - 3 - Nays - 0. Resolution No. 2003 - 104 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $100.00 from Jesse and Stacy Pike, in memory of their daughter Makala L. Pike, toward the purchase of landscaping materials for Lebanon Cemetery. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving use of City streets for the July 4, 2003, Apple Valley Freedom Days parade and authorizing temporary clo sure of certain streets, beginning at 11:00 a.m., as requested in the Recreation Supervisor’s memo dated June 6, 2003. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a Temporary On - Sale Liquor License by the Minnesot a Liquor Control Division to Apple Valley American Legion Post 1776 for an outdoor special event, at 14521 Granada Drive, on July 4, 2003, as attached to the City Clerk’s memo dated June 9, 2003. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grend ahl, approving issuance of new 2003 Off - Sale 3.2 Percent Liquor and Tobacco Sales Licenses to RBF Corp., d/b/a Rainbow Foods, at 15125 Cedar Avenue, as described in the City Clerk’s memo dated June 9, 2003. Ayes - 3 - Nays - 0. MOTION: of Bergman, second ed by Grendahl, approving use of a gasoline powered boat engine on Lac Lavon by Barr Engineering on June 24, 2003, during an aesthetic and habitat assessment study, as described in the Natural Resources Coordinator’s memo dated June 12, 2003. Ayes - 3 - N ays - 0. Resolution No. 2003 - 105 MOTION: of Bergman, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for an outdoor patio at Grizzly’s Grill N’ Saloon, on part of Lot 2, Block 1, Apple Valley Commercial Addition (15020 Glazier Avenue) with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 0. Resolution No. 2003 - 106 MOTION: of Bergman, seconded by Grendahl, adopting amending the On - Sale and Special License for Sunday Liquor Sales i ssued to LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon, at 15020 Glazier Avenue, to include the approximately 740 square foot outdoor patio area, being constructed at the northeast entrance to the building, as licensed premises for the sale of li quor. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 3 MOTION: of Bergman, seconded by Grendahl, approving an Amended Agreement to Provide Recycling Services with the Cities of Burnsville and Eagan; for services for the three cities that will be performed by employees of the City o f Burnsville; as attached to the Assistant to the City Administrator’s memo dated June 9, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, granting a setback variance to allow construction of a garage on a new house to within 28 feet of the front lot line on Lot 7, Block 1, Seasons on The Park (12488 Empress Court), as recommended by the Planning Commission. Ayes - 3 - Nays - 0. Resolution No. 2003 - 107 MOTION: of Bergman, seconded by Grendahl, adopt ing completing vacation of drainage and utility easements on Lots 1 and 2, Block 1, Hillcrest Acres, and directing the City Clerk to record the necessary documents with the Dakota County Recorder. Ayes - 3 - Nays - 0. Resolution No. 2003 - 108 MOTION: of B ergman, seconded by Grendahl, adopting approving the final plat of Hillcrest Acres 2nd Addition, waiving the requirement for a Development Agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Ordinance No. 726 MOTION: of Bergman, seconded by Grendahl, passing rezoning the south 65 feet of Lot 39, Block 1, Knob Ridge Business Park, from “A” (Agriculture) to “BP” (Business Park) as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MO TION: of Bergman, seconded by Grendahl, approving an Agreement with Rottlund Homes for replacement of a storm sewer lateral for Radcliff Townhomes, as attached to the Public Works Director’s memo dated June 12, 2003, and authorizing the Mayor and City Cler k to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving acquisition of a drainage and utility easement over part of Lot 1, Block 3, Rolling Ridge, and authorizing payment of $576.00 to Christopher and Kimberly Gannawa y for the easement, as described in the City Engineer’s memo dated June 2, 2003. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Reconditioning of Ring Route Street Light Poles as final and authorizing final payment on the contra ct with Budget Sandblasting & Painting in the amount of $18,330.00. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Certificate of Substantial Completion, dated March 5, 2003, for the contract with Arkay Construction for Fire S tations No. 2 and 3 Additions and Remodeling; as attached to the Assistant CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 4 to the City Administrator’s memo dated June 9, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Resolution No. 2003 - 109 MOTION: of Bergman, seconded by Grendahl, adop ting ordering removal of a stop sign on Denmark Avenue at its intersection with 128th Street. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement with KLM Engineering, Inc., to provide consultant engineering inspection services for evaluation of the Norlight antenna tower located at the Palomino Water Reservoir site, at a cost not to exceed $800.00, as attached to the Public Works Director’s memo dated June 12, 2003, and authorizing the Mayor and C ity Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Contract for 2003 Tree Inspection Services with Kunde Co., Inc., as attached to the Natural Resources Coordinator’s memo dated June 12, 2003, and autho rizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, authorizing implementation of special promotional rates by City Staff at Valleywood Golf Course as described in the Parks and Recreation Dire ctor’s memo dated June 6, 2003. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Fire Chief’s appointment of department officers as listed in his memo dated June 2, 2002. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving promotion of Rod Rippentrop to the position of Public Works Supervisor - Streets as listed in the Personnel Report dated June 12, 2003. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal employe es as listed in the Personnel Report dated June 12, 2003. Ayes - 3 - 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 t he theme “Let Freedom Ring”, and invited everyone to attend. A brochure listing activities will be distributed to residents June 21 - 22 and an information hotline, at (952) 985 - 2900, is also available. Activities begin, on June 27th with a Dancin’ & Cruis in’ car show and entertainment at Rascals. June 28th there will be a skateboard demo at Hayes Park Arena. July 3rd is the family fun night and picnic at Hayes Field. On July 4th, the parade starts, CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 5 at 1:00 p.m., at Pennock Avenue and Fireside Lane and e nds 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 ce lebration. Resolution No. 2003 - 110 MOTION: of Grendahl, seconded by Bergman, adopting proclaiming July 4, 2003, as “The 37th Annual Apple Valley 4th of July Freedom Days Celebration” and encouraging citizens to support and participate in the community - wid e celebration. Ayes - 3 - Nays - 0. AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM Police Officer JoEllen Rutzen, Fire Captain Stew Shepard, ALF Ambulance Director Tom Kelly, and ALF Assistant Director Patti McCauley were present to report on the program to e ncourage the placement of Automated External Defibrillators (AEDs) in businesses. The program is supported by the American Heart Association and nine additional AEDs are now located in the community. Northwest Airlines Federal Credit Union and Valley Bui ck - Pontiac - GMC have most recently purchased the units and completed training on their use. Acting Mayor Erickson presented certificates recognizing this participation to Cindy Law, of Valley Automotive, and Paul Dinger, of NWA Credit Union, who accepted t hem on behalf of their businesses. ROTARY CLUB GO - KART GRAND PRIX EVENT Clint Hoopaw and Scott Ramsdale, of the Apple Valley Rotary Club, were present to request to use City streets for a fund - raiser as detailed in a letter dated June 5, 2003. The event is a supervised go - kart race on September 6, 2003, to raise funds for educational scholarships. The same streets as used in 2002 would be used and they have talked with businesses adjacent to the streets for their concurrence. A professional vendor will supervise the event ensuring safety measures are taken and insurance will be provided. The event will begin at 8:30 a.m. and continue until 4:30 p.m. with an awards ceremony. There will be associated banner displays and sales of race memorabilia and ref reshments for which they are also requesting approval. Anyone wishing additional information can call (952) 898 - 3389. MOTION: of Grendahl, seconded by Bergman, authorizing closing portions of Flagstaff Avenue, Foliage Avenue, and 147th Street on Septembe r 5 and 6, 2003, to allow the Rotary Club to conduct its Go - Kart Grand Prix Event, subject to conditions described in the Community Development Director’s memo dated June 9, 2003. Ayes - 3 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing allowing parking on portions of 145th and 146th Streets and Foliage Avenue on September 6, 2003, as described in the Community Development Director’s memo dated June 9, 2003. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 6 MOTION: of Grendahl, seconded by Bergman, declaring the G o - Kart Grand Prix Event on September 6, 2003, to be a community event and allowing promotional banners, pursuant to City Code Section 154.03(E)(1), as described in the Community Development Director’s memo dated June 9, 2003. Ayes - 3 - Nays - 0. PROJECT 02 - 202, 153RD STREET (DODD ROAD) CONSTRUCTION Acting Mayor Erickson called the public hearing to order, at 8:27 p.m., to consider Project 02 - 202, 153rd Street (Dodd Road) Construction East of Pilot Knob Road, and noted receipt of the affidavit of publica tion of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated May 19, 2003, describing the two - phase project. The street will eventually extend west to Flagstaff Avenue. Construction proposed at this time is from Easter Avenu e east to Diamond Path to provide another access for the Cobblestone Lake development. The portion from Easter Avenue to Pilot Knob is proposed for 2005 after Pilot Knob is reconstructed. The project has been discussed with the adjoining property owners who will be assessed for costs. Action on ordering the project will be scheduled when agreements with the property owners have been completed. The Acting Mayor asked for questions or comments from the Council and the audience. There were none and the he aring was declared closed at 8:34 p.m. DIAMOND GATES CONDOMINIUM COMPLEX Ms. Bodmer reviewed the Planning Commission recommendation on the proposal to plat two lots on a 3.6 - acre site at the southwest corner of 140th Street and Cedar Avenue. Two 43 - unit condominium buildings would be constructed on the site for a total of 86 units. The buildings would have four stories of living space and two stories of garage space; a total of five stories will be above grade. A 3.7 - foot setback variance from Cedar Av enue right - of - way is required for driveways to the garages. Cedar Avenue has a 100 - foot half right - of - way in this location and reduction of the 20 - foot parking/driveway setback is included in the recommendation. Eight - foot wide trails will be installed a long 140th Street and Cedar Avenue. A six - foot wide sidewalk will be installed along Granite Avenue. Jim Povolny, representing the developer Hesham Tobar, reviewed architectural renderings of the proposed buildings and described the design. The first fl oor units will be two - story townhome design and extend to the second floor with garage access. Third and fourth floor units will be one - story condominium design. Resolution No. 2003 - 111 MOTION: of Grendahl, seconded by Bergman, adopting approving the two - lot preliminary plat of Diamond Gates, located at the southwest corner of 140th Street and Cedar Avenue, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 7 Resolution No. 20 03 - 112 MOTION: of Grendahl, seconded by Bergman, adopting approving the site plan and authorizing issuance of building permits for two multiple family residential, multi - story, buildings on Lots 1 and 2, Block 1, Diamond Gates; with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 0 . Resolution No. 2003 - 113 MOTION: of Grendahl, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 03 - 219, Diamond Gates Utility Improvements. Ayes - 3 - Nays - 0. KRISPY KREME BAKERY Mr. Lov elace reviewed the Planning Commission recommendation on the proposal to construct a 4,693 square - foot Krispy Kreme bakery, with a drive - up window, at the northwest corner of County Road 42 and Flagstaff Avenue. The site is the 3.9 - acre Outlot G, Fischer Market Place, that would be subdivided into two lots. Driveway connections to Florence Trail for both lots will be installed with this building. The Traffic Engineer expressed concern about the Florence Trail/Flagstaff Avenue intersection. An agreement with the property owner will be required to specify responsibilities for future improvements to that intersection that may be needed. The proposal requires an amendment to planned development for the drive - up window and pylon sign signage. The Natural Re sources Management Permit will address engineering issues for the site and storm water retention. Councilmember Bergman asked what the implications might be for neon signage on the pylon sign? Mr. Lovelace said the ordinance allows neon, but not flashing or blinking lights. The sign they are proposing would be capable of being turned on and off. This is a planned development zone so this type of approval is not applicable to other sites. Ordinance No. 7 27 MOTION: of Bergman, seconded by Grendahl, passing amending Article A24 of Appendix F of the City Code, related to Planned Development Designation No. 646, to allow one bakery with a drive - up window and additional signage on an existing pylon sign as recommended by the Planning Commission. Ayes - 3 - N ays - 0. Resolution No. 2003 - 114 MOTION: of Bergman, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for Krispy Kreme bakery on Lot 2, Block 1, Fischer Market Place 8th Addition; with conditions as reco mmended by the Planning Commission. Ayes - 3 - Nays - 0. PALOMINO HILLS EASEMENT VACATION The Council received a letter dated June 12, 2003, from Paul O. Taylor representing Joseph G. Taylor, Anthony Borgman, and Thomas Sampers who own property in the P alomino Hills subdivision. The letter questioned procedures related to completion of vacation of easements on CITY OF APPLE VALLEY Dakota County, Minnesota June 12, 2003 Page 8 Outlots 7, 9, and 10, Palomino Hills, by the Council on May 8, 2003. Mr. Lawell said since the letter has just been received at the meeting, it should be referred to the City Attorney to review and report back. Mr. Dougherty said the easements in question were granted specifically to the City. The letter infers some type of connection between the vacation and Project 93 - 334, Galles Addition and Palomino East Apartments Improvements. It should be noted there is storm water on Joseph Taylor’s property now and those easements would still have to be acquired in any event. The Council asked Mr. Dougherty to prepare a report for receipt at the June 2 6th, 2003; meeting indicating it could be placed on the consent agenda if everything is in order. It was noted that the date for receiving bids for Project 93 - 334 has been delayed until July 7th and this does not affect that schedule. COMMUNICATIONS & CA LENDAR Councilmember Bergman thanked the Police Department for allowing him to ride along and become familiar with their operations. He especially thanked Sergeant Gregg Spandl and Officer Nick Francis for their time. The Council received a memo dated J une 9, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated May 29, 2003, in the amount of $2,157,512.89; June 5, 2003, in the amount of $20,551,768.6 1; and June 11, 2003, in the amount of $5,671,129.55. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:14 o’clock p.m.