Loading...
HomeMy WebLinkAbout09/25/2003CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 25th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Ma yor Hamann - Roland; Councilmembers Bergman, Erickson, and Grendahl. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant Planner Dykes, Ass istant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Human Resources Manager Strauss, and Fire Chief Wassmund. Mayor Hamann - Roland called the meeting to order at 8:00 p.m. Every one took part in the pledge of allegiance to the flag led by members of Farmington Boy Scout Troop No. 929. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. AUDIENC E 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 Bergman, seconded by Grendahl, approving all items on the consent a genda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of September 11th, 2003, as written. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grenda hl, receiving a report on Apple Valley High School student parking on Upper 145th Street as discussed by the Traffic Safety Advisory Committee at its meeting of September 10, 2003 and contained in the Public Works Director’s memo dated September 25, 2003. Ayes - 4 - Nays - 0. Resolution No. 2003 - 164 MOTION: of Bergman, seconded by Grendahl, adopting approving 2003 Special Assessment Rolls No. 518, 519, and 520 for hearing purposes, in the total amount of $941,995.00, and setting the public hearing, at 8:0 0 p.m., on October 23, 2003. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 2 Resolution No. 2003 - 165 MOTION: of Bergman, seconded by Grendahl, adopting approving 2003 Special Assessment Roll No. 522, for hearing purposes, in the total amount of $58,955.85 for delinquent charges, a nd setting the public hearing, at 8:00 p.m., on October 23, 2003. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, granting a setback variance to allow construction of a garage addition to within 18 feet of the street side lot line on Lot 1 , Block 7, Apple Valley 3rd Addition (305 Pinewood Drive), with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2003 - 166 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on October 23, 2003, to consider vacating part of a drainage and utility easement over Lot 1, Block 1, Summerhill of Apple Valley. Ayes - 4 - Nays - 0. Resolution No. 2003 - 167 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifi cations for Project 03 - 222, Deep Well No. 18 Pumping Facility, and authorizing advertising for receipt of bids, at 2:00 p.m., on October 30, 2003. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with Heselton Construction, LLC, for Project 93 - 334, Galles Addition Utility and Street Improvements, in the amount of an additional $35,300.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving release of all claims related to Fo liage Avenue repair, north of 160th Street, in connection with Project 02 - 194, Frattalone Material Hauling, as attached to the City Engineer’s memo dated September 19, 2003; and authorizing the Mayor and City Clerk to sign the same and endorse the payment of $8,352.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving reducing the retainage on the contract with Arkay Construction for the Fire Stations No. 2 and No. 3 Remodeling Project to $2,000.00, as described in the Assistant to the City Administrator’s memo dated September 25, 2003. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Lease Agreement for office space at the Municipal Center and the Central Maintenance Facility with Bonestroo, Rosene, Ander lik & Associates, Inc.; as attached to the Public Works Director’s memo dated September 25, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 3 MOTION: of Bergman, seconded by Grendahl, approving a License Agreement with Cobblestone Lake Development, LLC, for temporary driveway access over part of Apple Valley East Park in connection with Project 02 - 202, 153rd Street (Dodd Road) Construction East of Easter Avenue, as attached to the City Engineer’s memo dated September 22 , 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Waiver of Trespass/Right of Entry for Pulte Homes of Minnesota to access City property located southeast of the intersection of 153rd Street and Garrett Avenue to take soil borings for the proposed Harmony Commons in the Central Village, as attached to the Assistant Planner’s memo dated September 22, 2003; and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2003 - 168 MOTION: of Bergman, seconded by Grendahl, adopting accepting the proposal and authorizing City participation in the group long term care insurance plan by CNA through The Municipal Pool effective January 1, 200 4. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring Scott Matthews as Assistant Manager at Liquor Store No. 1 as listed in the Personnel Report dated September 25, 2003. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded b y Grendahl, approving promotion of Mark Weimelt to Streets Technical Specialist as listed in the Personnel Report dated September 25, 2003. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the part - time and seasonal employe es as listed in the Personnel Report and Addendum dated September 25, 2003. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA APPLE VALLEY FALL FESTIVAL Zidel Voss, of Apple Valley High School, was present and described activities planned for the 3rd annual A pple Valley Fall Festival on September 28, 2003. The festival will be held, from 1:00 to 7:00 p.m., at Apple Valley High School and everyone is invited to attend. Funds raised by the event are used toward supporting arts, athletics, and academics at the school. This year’s raffle will have over $40,000 in prizes. MINNEGASCO COMMUITY PARTNERSHIP GRANT CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 4 Connie Hargest, of CenterPoint Energy Minnegasco, presented a $2,500.00 check from the Community Partnership Grant Program to Fire Chief Wassmund. The pr ogram was offered for safety projects benefiting the community. The funds will be used to purchase an Automated External Defibrillator (AED) to be placed in a Fire Department first responder vehicle. MOTION: of Erickson, seconded by Grendahl, accepting th e $2,500.00 grant from CenterPoint Energy Minnegasco’s Community Partnership Program for purchase of an AED for a Fire Department first responder vehicle, as described in the Fire Chief’s memo dated September 22, 2003. Ayes - 4 - Nays - 0. FIRE PREVENTIO N WEEK MOTION: of Grendahl, seconded by Bergman, proclaiming the week of October 5 - 11, 2003, as “Fire Prevention Week”, with the theme, “When Fire Strikes: Get Out! Stay Out!; and urging all citizens to participate in fire prevention activities, install smoke alarms, and plan and practice fire drills. Ayes - 4 - Nays - 0. Fire Chief Wassmund reviewed fire prevention education activities planned during the week and invited everyone to attend the Fire Department open houses. They will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 7th, at Fire Station No. 2 on October 8th, and at Fire Station No. 3 on October 9th. Ribbon cutting ceremonies for newly remodeled Fire Stations No. 2 and 3 will also be held at those times. PROJECT 03 - 219, DIAMOND GATES IMPROVEMENTS Mayor Hamann - Roland called the public hearing to order, at 8:17 p.m., to consider Project 03 - 219, Diamond Gates Utility and Pathway Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gord on reviewed the preliminary engineering feasibility report dated July 30, 2003. Construction includes utilities for two condominium buildings at the southeast corner of 140th Street and Cedar Avenue, sidewalk along the east side of Granite Avenue, and pat hway along the south side of 140th Street. It also includes a ten - foot wide pathway along the west side of Cedar Avenue between 140th and 147th Streets. The Mayor asked for questions or comments from the Council and the public. There were none and the h earing was declared closed at 8:22 p.m. Resolution No. 2003 - 169 MOTION: of Bergman, seconded by Erickson, adopting ordering installation of Project 03 - 219, Diamond Gates Utility and Pathway Improvements. Ayes - 4 - Nays - 0. Resolution No. 2003 - 170 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 03 - 219, Diamond Gates Utility and Pathway Improvements. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 5 THE LEGACY OF APPLE VALLEY 3RD ADDITION Mr. Kelley re viewed the memo dated September 22, 2003, concerning Legacy of Apple Valley 3rd Addition, located east of Galaxie Avenue between 153rd Street and Founders Lane, and currently platted as Outlot A, The Legacy of Apple Valley. An amendment to Planned Develop ment No. 716 is requested to allow for commercial uses in Zone 3 and creating Zone 4 to allow for a 275 - space surface parking lot as a conditional use. The 3rd Addition preliminary plat shows three lots and two outlots for future buildings. Lot 1 will be used for parking and Lot 3 is a two - story, 14,000 square - foot, office building. The proposal for a restaurant on Lot 2 has been revised with 286 indoor seats and 118 outdoor seats. At its meeting of September 11, 2003, the Council expressed some concern with the shared parking concept and intensity of uses on the site. Mr. Kelley described the process of researching the amount of parking required for the approximately 85,000 square feet of total floor area. The plan shows a total of 373 parking spaces available. If parking is computed for stand - alone uses, without shared parking, 490 spaces are needed. If parking is computed as though the site were a shopping center, 395 spaces are needed. By using shared parking and further categorizing uses by peak hour demand, the maximum peak demand is 367 spaces during weekday lunchtime periods. If a parking deck can be constructed over half of the parking lot, it would add about 125 parking spaces to the site. Uses occurring within the buildings could then be intensified including larger restaurant spaces with more seating and retail uses. To assure adequate parking at this time, the future casual restaurant proposed for Outlot B is limited to 60 seats spaces. Councilmember Grendahl asked if having a continge ncy plan for parking reduces the chances of receiving the Metropolitan Council grant? Mr. Kelley said it would not since the Central Village concept, with a more intense mix of uses, anticipated that a variety of parking solutions would be needed includin g a ramp. Councilmember Erickson said limiting the uses on the site by planned development is acceptable with the parking proposed. However, if a parking ramp is not constructed, he will not support a request to intensify uses in the future. Councilmemb er Bergman concurred. Ordinance No. 734 MOTION: of Bergman, seconded by Erickson, passing amending Article A30 of the City Code regulating Planned Development No. 716, for The Legacy of Apple Valley, by adding commercial uses in Zone 3 and adding Zone 4 w hich allows parking lots as a primary use, and further establishing performance standards within the zones, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2003 - 171 MOTION: of Bergman, seconded by Erickson, adopting approvi ng the preliminary plat of The Legacy of Apple Valley 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 6 Resolution No. 2003 - 172 MOTION: of Erickson, seconded by Bergman, adopting ordering the City Engineer to prepare a preliminary engineering feasibility report for Project 03 - 241, The Legacy of Apple Valley 3rd Addition Utility Improvements. Ayes - 4 - Nays - 0. Francois Paradeise, developer of the proposed restaurant, was present and commented on his intent to proceed with plans. He will be working with Dan and Kay Shimek to develop a new restaurant concept for the site. ORDINANCE PROVIDING FOR OPTIONAL 2:00 A.M. LIQUOR CLOSING Ms. Mueller gave the second reading of an ordinance amending City Code Chapter 111 regulating liquor, wine, and 3.2 percent malt liquor licenses as attached to her memo dated September 22, 2003. In 2003, State legislation was passed to allow for the sale of alcoholic beverages on licensed premises until 2:00 a.m. on all days of the week. It became effective statewide and is only limited where city ordinances specified closing hours as is the case in Apple Valley. Current licensees submitted a letter requesting that the City amend its ordinance. If the City’s ordinance is amended, licensees would be able to apply for a special 2:00 a.m. license from the State and pay a State fee, ranging from $200 to $600, based on their previous 12 months liquor receipts. City Code Sections 111.31(B) and 111.53(B) would be amended to provide that the last sale could be made at 1:45 a.m. instead of 12:45 a.m. Everyone except employees must be out of the premises 35 minutes after the last sale. Employees must be out of the premises 75 minutes after the last sale or by 3:00 a.m. The 2003 law also r edefined premises where on - sale 3.2 percent malt liquor licenses can be granted. City Code Section 111.22(B)(5) is recommended to be amended to add bowling centers and golf courses to the places eligible for licensing. A change is also proposed for Secti on 111.28(G) increasing the sales volumes for wine and 3.2 percent malt liquor licensees to be exempt from providing certificates of insurance as allowed in State Law. Councilmember Erickson read an email from a resident commenting on public safety concer ns related to extended alcohol sales hours and asking whether alcohol awareness training for licensees’ employees could be a prerequisite for licensing. Police Chief Johnson described work already being done by the Business Liaison Officer with licensees and said a grant has been applied for to fund additional training. It was also noted that insurers require training as part of the underwriting for liquor liability insurance. Ordinance No. 735 MOTION: of Bergman, seconded by Grendahl, passing amending C hapter 111 of the City Code regarding premises eligible for on - sale 3.2% malt liquor licenses; 3.2% malt liquor and wine licensees eligible for insurance exemptions; and expanded hours for sales of intoxicating liquor, wine, and 3.2% CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 7 malt liquor and consum ption and display of intoxicating liquor in accordance with Minnesota Statutes Chapter 340A. Ayes - 4 - Nays - 0. ORDINANCE AMENDING PERSONNEL POLICIES Ms. Strauss gave the second reading of an ordinance amending City Code Chapter 34, Personnel Policies as attached to her memo dated September 22, 2003. Section 34.35, now called “Use of Physical Force by Employees”, would be replaced with “Workplace Violence Prevention Policy”. The policy applies to all employees, including those who have a valid permit to carry a pistol, except sworn police officers performing in the line of duty. Among promotion of other safe workplace practices, it prohibits carrying or using a firearm or other dangerous weapon while working on City property or on behalf of the City. The ordinance also adds a new Section 34.39, Tobacco Use Policy. The Tobacco Use Regulation is included in the Safety Manual and would be incorporated into the Personnel Policies. It would prohibit the use of tobacco indoors at the Central Maintenance Facility, Liquor Stores, Municipal Center and all other City buildings. Ordinance No. 736 MOTION: of Grendahl, seconded by Erickson, passing amending Chapter 34 of the City Code, Personnel, by adding a new Section 34.35 establishing a workplace violence p revention policy and adding a new Section 34.39 establishing a tobacco use policy. Ayes - 4 - Nays - 0. COMMUNICATIONS & CALENDAR Councilmember Grendahl expressed concern that newspaper articles about the proposed budget and tax levy may have been misle ading for residents. She received calls congratulating the Council for lowering taxes. She noted it should be made clear that the General Fund may be lower for 2004, but property taxes will probably not be lower. Councilmember Bergman asked that Staff h ave the State or County provide an explanation of estimated property tax bills for discussion at the Council’s informal meeting on October 9, 2003. The Council received a memo dated September 22, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay the claims and bills, check registers dated September 18, 2003, in the amount of $422,810.26; and September 25, 2003, in the amount of $11,390,830.72. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seco nded by Bergman, to adjourn. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 25, 2003 Page 8 The meeting was adjourned at 8:57 o’clock p.m.