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Home My WebLink About08/13/2009 CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 13, 2009, at 8 00 o'clock p.m., at Apple Valley Municipal Center PRESENT Acting Mayor Goodwin and Councilmembers Bergman and LaComb ABSENT Mayor Hamann-Roland and Councilmember Grendahl. City staff members present were City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Parks Maintenance Superintendent Adamini, Public Works Director Blomstrom, Associate City Planner Bodmer, Assistant City Administrator Grawe, Finance Director Hedberg, Police Chief Johnson, City Planner Lovelace, Community Development Director Nordquist, Human Resources Manager Strauss, and Fire Chief Thompson. Acting Mayor Goodwin called the meeting to order at 8 O1 p.m. Everyone took part m the Pledge of Allegiance led by Boy Scout Carson Scholberg from Troop 205 APPROVAL OF AGENDA MOTION of LaComb, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 3 -Nays - 0 AUDIENCE Acting Mayor Goodwin asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Acting Mayor Goodwin asked if the Council or anyone m the audience wished to pull any item from the consent agenda. There were no requests. MOTION of Bergman, seconded by LaComb, approving all items on the consent agenda with no exceptions. Ayes - 3 -Nays - 0 CONSENT AGENDA ITEMS MOTION of Bergman, seconded by LaComb, approving the minutes of the regular meeting of July 23, 2009, as written. Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-106 accepting, with thanks, the donation of a 1995 Mazda Protege DL, from Marek Siedlecki, for use by the Fire Department m training. Ayes - 3 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Page 2 MOTION of Bergman, seconded by LaComb, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776, for use on September 19, 2009, at Fire Station No 1, 15000 Hayes Road, as described m the City Clerk's memo dated August 10, 2009 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-107 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to American Legion Auxiliary, Umt 1776, for use on September 12, 2009, and waiving any waiting period for State approval. Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-108 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks Unlimited, Chapter 185, for use on September 16, 2009, and waiving any waiting period for State approval. Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving issuance of a 2009 Precious Metal Dealer License, for more than 50 transactions per year, to Bill Buttweiler, LLC, d/b/a AV Diamonds and Gold at 14810 Granada Avenue Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the release of financial guarantees for M & I Bank NRMP, CVS Pharmacy, and Oakwood Hills-Development Agreement, and the reduction of financial guarantees for Oakwood Hills NRMP from $18,187 50 to $15,914 06 and Oakwood Hills-Development Costs from $51,500 00 to $17,775 63, as listed m the Community Development Department Assistant's memo dated August 13, 2009 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization (VRWJPO) for cost share grant funding m connection with AV Project 2009-111, Long Lake Draw Down Pipe, as attached to the Natural Resources Coordinator's memo dated August 13, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-109 approving the Stipulation of Settlement with David A. Fischer and Carol Fischer regarding a condemnation matter Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the First Amendment to Lease with Allma Health System d/b/a Alhna Medical Transportation, for ambulance station, and authorizing the Mayor and City Clerk to sign the same Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, authorizing request for proposals for AV Project 2009-108, Falcon Ridge Middle School Ram Gardens, with proposals due CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Page 3 September 10, 2009, as described in the Assistant City Engineer's memo dated August 7, 2009 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 1 to the contract with Horizon Brothers Pamtmg Corporation, for AV Project 2008-114, Palomino Reservoir Rehabilitation, in the amount of an additional $14,700 00 Ayes - 3 - Nays-0 MOTION of Bergman, seconded by LaComb, approving Change Order No 3 to the contract with CM Construction, for Apple Valley Family Aquatic Center Expansion, m the amount of an additional $45,380 00 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 1 to the contract with McNamara Contracting, Inc., for AV Project 2009-101, 2009 Street Maintenance Project, in the amount of an additional $68,801 75, and amending the project funding sources. Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 1 to Senior Center Hydraulic Elevator, with Schindler Elevator Corporation, resulting in no change to the contract amount. Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 7 to Senior Center Project # 0610/1230 - Rough/Finish Carpentry/Misc./Premanufactured Casework, with Northfield Construction Company, Inc., in the amount of an additional $4,057 00 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 8 to Senior Center Project # 0610/1230 - Rough/Fimsh Carpentry/Misc./Premanufactured Casework, with Northfield Construction Company, Inc., with a deduction of $1,489 00 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 4 to Senior Center Project # 0930/0965 -Tile/Resilient Flooring/Carpet, with Grazzini Brothers & Company, in the amount of an additional $943 00 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 2 to the agreement with Cabling Services Corporation, m the amount of an additional $379 70, and accepting Senior Center Data and Communication Cabling as complete and authorizing final payment in the amount of $24,845 42. Ayes - 3 - Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 12 to Liquor Store No 3 Construction, with Ebert Construction, m the amount of an additional $14,821.27 Ayes - 3 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota August 13; 2009 Page 4 MOTION of Bergman, seconded by LaComb, accepting Liquor Store No 3 Construction as complete and authorizing final payment on the agreement with Ebert Construction, in the amount of $15,045.27 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, accepting Engineering, Highway Construction and Right of Way Acquisition along CSAH 31 (Pilot Knob Road) as complete and authorizing final payment on the agreement with Dakota County Transportation Department, in the amount of $362,935 44 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, accepting Project OS-294, Wheaton Pond Storm Water Improvements, as complete and authorizing final payment on the contract with Hennen Construction Company, in the amount of $18,238 43 Ayes - 3 -Nays -0 MOTION of Bergman, seconded by LaComb, approving hiring the full time and seasonal employees, resignation, and retirement of employees, as listed in the Personnel Report dated August 13, 2009 Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, setting a special informal City Council meeting with the Dakota County Board of Commissioners and the Lakeville City Council, at 4 00 p.m., on September 9, 2009, at the Dakota County Western Service Center; for the purpose of discussing Cedar Avenue Bus Rapid Transitway Project. Ayes - 3 - Nays - 0 END OF CONSENT AGENDA EL TORO RESTAURANT, 14638 CEDAR AVENUE Ms. Bodmer reviewed the request by El Toro Mexican Restaurant for approval of a site plan for an outdoor dining area in conjunction with a Class I restaurant located at 14638 Cedar Avenue The outside dining area will be approximately 10 feet wide by 38 feet long and will seat approximately 22 people The applicant is proposing to construct an 8-foot high brick wall on the north end of the patio to help screen the outside dining area from the neighboring townhomes. They also intend to install a retractable awning over the patio area to further minimize the impact on the townhomes. The east and north sides of the patio will be defined by a wrought iron fence. The Planning Commission reviewed this item on August 5, 2009, and recommended approval with conditions. Since that time, the petitioner has agreed to take additional steps to further mitigate any negative impacts Ms. Bodmer reviewed those steps which are also identified as conditions in the resolution. Councilmember Bergman said each member of the Council has looked at the site If approved, this will be the closest outside dining area to residential property in the City The Council was concerned with the possible impact to neighboring properties, but believes the proposal presented this evening addresses the noise and sight line issues, resulting in a workable, winnable solution for everyone CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Page 5 Councilmember LaComb thinks the addition will enhance the restaurant. She complimented the owners of the restaurant for continuing to work with staff to resolve any difficulties. MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-110 approving a site plan for 22-seat outdoor dining area in conjunction with a Class I restaurant located on Lot 2, Block 1, Cedar Marketplace Addition (14638 Cedar Avenue), subject to conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-111 amending the On-Sale Liquor and Special License for Sunday Liquor Sales issued to El Toro of Apple Valley, Inc , d/b/a El Toro Mexican Restaurant, at 14638 Cedar Avenue, Suite C, to include the outdoor seating area, identified on Exhibit A, as part of the licensed premises. Ayes - 3 -Nays - 0 FISCHER PROPERTY, EAST OF PILOT KNOB ROAD AND SOUTH OF CSAH 42 Mr Lovelace reviewed the request by Palm Realty, Inc ,and Fischer Sand & Aggregate, LLP, to rezone approximately 121 8 acres of property from "SG" (Sand and Gravel) to low and medium density residential uses and instrtuhonal uses. The property is located on the southwest corner of Pilot Knob Road and CSAH 42. The request includes rezoning 21 93 acres to "R-3" (Single Family Residential/11,000 square feet minimum lot area), 52.66 acres to "M-3" (Multiple Family Residential/3-6 units per acre), 36 8 acres to "M-6" (Multiple Family Residential/6-12 units per acre), and 2.77 acres to "P" (Institutional) The proposed rezoning is consistent with the land use designations on the 2030 Comprehensive Plan Land Use Map A public hearing was held July 15, 2009 At that time, concerns were raised regarding the lack of a single family housing component. As a result, the applicant revised its plan. The current plan includes "R-3" single family housing on the eastern most edge if the property, which is adjacent to the existing single family housing in the Prairie Crossing development. On August 5, 2009, the Planning Commission voted unanimously to recommend approval of the rezoning as presented on the rezoning map dated August 5, 2009 Councilmember Bergman responded to residents' comments regarding preserving this area as green space He stated that this Council and past Councils have made decisions, with staff s help, that will solidify green space in this area. He added that the Council also wants to preserve the 2 77 acres between the east side of the cemetery and the future Embry Path for expansion of the cemetery As a result, that area will be zoned Institutional. Councilmember Bergman said he hopes whomever develops the property installs a trail structure around the pond and connects the site with trail, bike, and roadway systems from County Road 42 to Brandtjen Farms. He wants the developments connected and wants it all to blend. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Page 6 Acting Mayor Goodwin has not heard comments regarding green space in this area, but noted the City approved a bond referendum m 2007 for 60 acres of green space on Pilot Knob Road and 160th Street, which is only about one-half mile down the road. Mr Lovelace stated the 2030 Comprehensive Plan calls out park land within this development, as well as some park land around the pond for a trail system. That system would also connect with Embry Path and provide for a future connection to the Cobblestone Lake development, which will connect to the trail system around that pond, the underpass into Brandtjen Farms in Lakeville, and the underpass to Quarry Point Athletic Park. Councilmember LaComb said this is exciting. Many communities are not talking economic development the way the City is talking economic development tonight. She complimented the property owner for making accommodations and staff for continuing to work through the issues. MOTION of LaComb, seconded by Bergman, passing Ordinance No. 865 rezoning 21 93 acres from "SG" (Sand and Gravel) to "R-3" (Single Family Residential/11,000 square feet minimum lot area) Ayes - 3 -Nays - 0 MOTION of LaComb, seconded by Bergman, Ordinance No. 866 rezoning 52 66 acres from "SG" (Sand and Gravel) to "M-3C" (Multiple Family Residential/3-6 units per acre) Ayes - 3 -Nays - 0 MOTION of LaComb, seconded by Bergman, passing Ordinance No. 867 rezoning 36 8 acres from "SG" (Sand and Gravel) to "M-6C" (Multiple Family Residential/6-12 units per acre) Ayes - 3 -Nays - 0 MOTION of Bergman, seconded by LaComb, passing Ordinance No. 868 rezoning 2 77 acres from "SG" (Sand and Gravel) to "P" (Institutional) Ayes - 3 -Nays - 0 Mr Peter Fischer thanked staff for their efforts on this matter PLANNING COMMISSIONER RESIGNATION Ms. Gackstetter reviewed her memo, dated August 10, 2009, regarding the resignation of Planning Commissioner Frank Blundetto, creating a vacancy on the Planning Commission with a term expiring March 1, 2010 She recommended the Council extend an invitation to individuals interested m serving on the Planning Commission to submit an application to her by September 1 1, 2009 Appointment could then be made at the second meeting in September MOTION of Bergman, seconded by LaComb, accepting the resignation of Planning Commissioner Frank Blundetto and thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the Planning Commission vacancy and inviting individuals interested in serving on the Commission to submit an application to the Crty Clerk by September 11, 2009 CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Page 7 Acting Mayor Goodwin thanked Mr Blundetto for being a prominent and outstanding member of the City and for his service on the Fire Department as well as the Planning Commission. Vote was taken on the motion. Ayes - 3 -Nays - 0 COUNCIL COMMUNICATION Councilmember Bergman commended Crime Prevention Specialist Pam Walter for coordinating Night to Unite, noting rt was a wonderful event, and adding that she is a great ambassador for the City Councilmember LaComb said she visited Valleywood Clubhouse last week. She is concerned about the structural safety of the building, as well as the safety of the employees working in the building and customers using it. She recommends the Council direct staff to prepare a report of options. The Council needs data from staff before it can make good financial decisions to repair the existing building or look at alternatives. Councilmember Bergman questioned whether the Council should ask staff for the options and then send it to the Parks and Recreation Advisory Committee or send rt to the Parks and Recreation Advisory Committee first. Councilmember LaComb asked what procedure the Council used in the past. Acting Mayor Goodwin thinks it is a great suggestion. He explained the history of the building, noting rt is about 30 years old and was constructed by students from Dakota County Technical College for approximately $60,000 It served its purpose, but is now falling down. The walls are crumbling and it has mold and mildew He recommended including the Parks and Recreation Advisory Committee m formulating the recommendations. He then directed the City Administrator to work with the Parks Department and Parks and Recreation Advisory Committee to come up with recommendations and options. Acting Mayor Goodwin said the golf course itself is one of the highest rated municipal courses m the state, but the building is another story Councilmember LaComb thinks it is important that some time be spent on this issue The direction provided will allow the parties to evaluate it and then bring back to the Council the data on the building, the structural report, and various options. The clubhouse may need to be fixed, replaced, or there may be an interim use. All of that can be explored before it comes back to the Council for a decision. Acting Mayor Goodwin directed staff to start negotiations to purchase the 2 77 acres of the Fischer property which was rezoned as Institutional, and recommended discussions begin as soon as possible. CITY OF APPLE VALLEY Dakota County, Minnesota August 13, 2009 Page 8 CALENDAR OF UPCOMING EVENTS MOTION of Bergman, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk's memo dated August 10, 2009, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 3 - Nays - 0 CLAIMS AND BILLS MOTION of Bergman, seconded by LaComb, to pay the claims and bills, check registers dated July 30, 2009, in the amount of $705,769 07, and August 5, 2009, in the amount of $762,305 69; and August 12, 2009, in the amount of $853,189.25 Ayes - 3 -Nays - 0 MOTION of LaComb, seconded by Bergman, to adjourn. Ayes - 3 -Nays - 0 The meeting was adjourned at 8 44 o'clock p.m. Respectfully Submitted, Gt c~-C~I?,0~-~~ Pamela J Gac cstetter, City Clerk Approved by the Apple Valley City Council on $-2."1-oq