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Home My WebLink About07/10/2003CITY OF APPLE VALLEY Dakota County, Minnesota July 10, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 10th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Councilmembe rs Bergman, Erickson, Goodwin, and Grendahl. ABSENT: Mayor Hamann - Roland. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick, Finance Director Ballenger, Public Works Supervisor Bl ommel, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, and Human Resources Manager Strauss. 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 Grendahl, seconded by Goodwin, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. AUDIENCE Acting Mayor Erickson asked if any one 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of June 26th, 2003, as written. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, proclaiming October 6 - 12, 2003, as “ Financial Planning Week” encouraging individuals to become informed about the value of financial planning in managing their goals. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the December 31, 2002, financial audit of the City and management letter provided by Kern, DeWenter, Viere, Ltd. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 10, 2003 Page 2 MOTION: of Bergman, seconded by Grendahl, receiving the December 31, 2002, financial report and audit of ALF Ambulance. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconde d by Grendahl, receiving the December 31, 2002, financial audit of Apple Valley Firefighters’ Relief Association and receiving its January 1, 2003, actuarial valuation. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Apple Va lley Firefighters’ Relief Association certification of its 2004 financial requirements for the special fund tax levy in 2004, in the amount of $157,755.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Consent to Deregistrati on of Property document for Summerhill Cooperative, as attached to the Assistant Planner’s memo dated July 3, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolut ion No. 2003 - 130 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifications for Project 03 - 226, 140th Street and Galaxie Avenue Revised Traffic Signal System, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 5, 2003. Ayes - 4 - Nays - 0. MOTION: of Bergm an, seconded by Grendahl, accepting Project 98 - 418, Galaxie Avenue Widening North of 140th Street, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $23,791.70. Ayes - 4 - Nays - 0. MOTION: of Bergma n, seconded by Grendahl, accepting the Ring Route Metal Fence Section Fabrication work as final and authorizing final payment on the contract with Dakota Fence of Minnesota, Inc., in the amount of $20,858.10. Ayes - 4 - Nays - 0. MOTION: of Bergman, seco nded by Grendahl, accepting Painting of the New Ring Route Fence Sections work as final and authorizing final payment on the contract with Budget Sandblasting & Painting, Inc., in the amount of $18,528.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconde d by Grendahl, approving hiring the part - time and seasonal employees as listed in the Personnel Report dated July 10, 2003. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota July 10, 2003 Page 3 ORDINANCE AMENDING RESTAURANT OFF - STREET PARKING REQUIREMENTS Ms. Dykes gave the seco nd reading of an ordinance amending City Code Section 155.379(P) concerning off - street parking requirements for restaurants as attached to her memo dated July 10, 2003. The first reading was accepted June 26, 2003. The current City Code requirement for r estaurants is one parking space per three customer seats based on design capacity and does not address outdoor seating. The amendment proposes one parking space per 2.5 customer seats and one space per five seats of outdoor area (excluding the first 10) f or Class I restaurants and establishments with on - sale liquor licenses. For Class II restaurants, one parking space per three customer seats and six stacking spaces for each drive - in window are proposed. It provides that existing restaurants are not subj ect to the new parking requirements unless expansion or alteration is made resulting in more customer seating. Ordinance No. 730 MOTION: of Goodwin, seconded by Bergman, passing amending Section 155.379(P) of the City Code, regulating restaurant off - stree t parking, by increasing the number of parking spaces required for new restaurants and existing restaurants that expand customer seating areas, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. WELLHEAD PROTECTION PLAN, PHASE 1 Ms. Blommel reviewed her memo, dated July 10, 2003, outlining Phase 1 of the Wellhead Protection Plan required by Minnesota Department of Health Rules under the Federal Safe Drinking Water Act and the State Groundwater Protection Act. The purpose of the Plan is to p rovide protection and management of the water supply system and its surrounding area. This Plan becomes part of the Utilities Chapter of the Comprehensive Plan. On June 4, 2003, the Planning Commission held a public hearing on the proposed amendment. Ph ase 1 delineates areas around the City’s wells where water, in the aquifer below, flows on its journey to the well, also called the Drinking Water Supply Management Area (DWSMA). The vulnerability of each well for likelihood of contamination was assessed based on evaluation of the well construction, water use, water quality, and geologic materials encountered during drilling. Of the City’s 17 wells, 14 are located in the Jordan Aquifer, which has been determined to be vulnerable. Phase 2 of the Plan has begun and includes an inventory and evaluation of properties located within the DWSMA. A Wellhead Protection Management Plan will be drafted upon completion of Phase 2. Resolution No. 2003 - 131 MOTION: of Bergman, seconded by Grendahl, adopting approving an amendment to the Utilities Chapter of the Comprehensive Plan by approving Phase 1 of the Wellhead Protection Plan and authorizing submitting it to the CITY OF APPLE VALLEY Dakota County, Minnesota July 10, 2003 Page 4 Metropolitan Council, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR The Council expressed appreciation to all City departments and employees involved in the 4th of July Freedom Days Celebration and thanked all of the volunteers for their efforts in putting together another successful event. The Council receiv ed a memo dated July 7, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated July 2, 2003, in the amount of $4,655,806.06; and July 10, 2003, in the am ount of $616,884.28. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:26 o’clock p.m.