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HomeMy WebLinkAbout10/09/2003CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 9th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Ha mann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin, Finance Director Ba llenger, Assistant Planner Bodmer, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, and Human Resources Manager Strauss. May or 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of September 25th, 2003, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: o f Bergman, seconded by Goodwin, approving issuance of a 2003 Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Christmas Tree Farm, at the southeast corner of 140th Street and Pilot Knob Road in East Valley Plaza as described in the City C lerk’s memo dated October 6, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in officers for D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, in connection with the On - Sale CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2003 Page 2 Wine and 3.2% Malt Liquor Licenses at 7593 West 147th Street, naming David Goronkin as CEO, President, Secretary, and Treasurer; as described in the City Clerk’s memo dated October 6, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement to Study Public Safety Communication Services in Dakota County as attached to the Police Captain’s memo dated October 6, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, appro ving the Letter of Agreement for a Department of Public Safety Safe Community Grant with the Dakota County Public Health Department, in the amount of $2,365.40, as attached to the Police Chief’s memo dated October 6, 2003, and authorizing the Mayor and Cit y Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting a public hearing, to be held before the Planning Commission, at 7:00 p.m., on November 5, 2003, on the 2004 to 2008 Capital Improvement Program, as described in the Community Development Director’s memo dated October 6, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 173 MOTION: of Bergman, seconded by Goodwin, adopting ratifying distribution of the Environmental Assessment Worksheet, for public comment, for H armony Commons, a mixed - use development proposed to be located along both sides of 153rd Street between Galaxie and Garrett Avenues. Ayes - 5 - Nays - 0. Resolution No. 2003 - 174 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on November 13, 2003, to consider vacating part of a drainage and utility easement over Lot 17, Block 3, Carrollton Estates 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarant ees for: Dalseth Dental Landscaping, from $1,625.00 to 0; Town & Country Homes Legacy Townhomes, from $416,700.00 to $320,660.00; Palomino East Apartments, from $249,025.00 to $154,225.00; and Cobblestone Lake 3rd Addition, from $1,864,425.00 to $209,150. 00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the part - time and seasonal employees as listed in the Personnel Report and Addendum dated October 9, 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2003 Page 3 ENJOY! RESTAURANT Ms. Dykes reviewed the Planning Commission recommendation for a 404 - seat, Class I, restaurant to be located on Lot 2, Block 1, Legacy of Apple Valley 3rd Addition. The 11,000 square - foot building will have 286 indoor seats, 68 of which will be in a priva te dining room, and 118 outdoor seats. She reviewed the conditions contained in the draft resolution approving the site plan/building permit. Councilmember Bergman asked whether restricting trash pickup to 3:00 - 6:00 a.m. might be a noise issue for nearby residents. He suggested eliminating that requirement and using signage to restrict parking and facilitate access to the trash enclosure from Founders Lane. Lonnie Anderson, the architect, was present and commented on development of the building plans. He showed renderings of the building with a stone and stucco exterior. A terrace with retaining wall along the pond will have a landscaped separation from the pathway. There will be seven fireplaces, four of them outside. Francois Paradeise and Dan and Kay Shimek, developers of the restaurant, were present to answer questions. A name has been selected for the restaurant, it will be Enjoy! Resolution No. 2003 - 175 MOTION: of Erickson, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for an 11,000 square - foot, 404 - seat Enjoy! Restaurant, on Lot 2, Block 1, The Legacy of Apple Valley 3rd Addition; with conditions, as recommended by the Planning Commission except deleting the provision restricting garbage co llection to the hours of 3:00 to 6:00 a.m. Ayes - 5 - Nays - 0. DOLEJS ACCESSORY UNIT DWELLING CUP Ms. Bodmer reviewed the Planning Commission recommendation for a conditional use permit to allow an Accessory Unit Dwelling (AUD) at 12756 Denmark Avenue. The house will be remodeled and the AUD added to the north end of the house. The existing driveway will be removed and relocated on the north side of the lot. One driveway will serve the home. She reviewed the floor plans of the house and AUD and exte rior elevations showing the house will maintain the appearance of a single family home. The square footage calculations show the AUD is larger than 40 percent of the footprint of the primary dwelling. Because the addition also increases the size of the p rimary dwelling and the AUD is still subordinate to it, at 23.5 percent of the total gross living area, approval was recommended. Mayor Hamann - Roland asked if the amount of impervious surface on the lot is an issue. Mr. Gordon said because this is a very large lot, the increased area, to 27 percent of lot coverage, is not a storm water drainage problem. This area drains to Birger Pond and then into Rosemount. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2003 Page 4 Resolution No. 2003 - 176 MOTION: of Bergman, seconded by Grendahl, adopting approving issuance o f a Conditional Use Permit to Francis and Patricia Dolejs for construction of an Accessory Unit Dwelling (AUD) on Lot 3, Block 1, The Woods (12756 Denmark Avenue) with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GAS ENERGY FRANCHISE ORDINANCE Mr. Heuer gave the first reading or an ordinance granting a new 20 - year gas energy franchise to CenterPoint Energy Minnegasco as attached to his memo dated October 9, 2003. It would replace the previous franchise, which ran through Ju ne 30, 2003, but remains in effect until a new franchise is agreed upon. The new franchise defers to the public right - of - way management chapter of the City Code that addresses issues regarding permitting, restoration, inspection regulations and liability. The new franchise also allows the City to impose a damage fee for unreasonable delay of its contractors by CenterPoint Energy related to right - of - way excavations, facility relocation, restoration, etc. As in the old franchise, provision is made to allow the City to impose a franchise fee by a separate ordinance. Connie Hargest, of CenterPoint Energy Minnegasco, was present, and said they agree to the terms of the new franchise. She commented on improvements they have made in handling responses to emerg ency calls to make them more timely. Due to the time involved in negotiating franchise terms, they prefer to continue with a 20 - year franchise. The Council accepted the first reading. The second reading will be scheduled for October 23, 2003. E - COMMERC E READINESS CERTIFICATION Mr. Grawe described the City’s application to the Minnesota Department of Employment and Economic Development (DEED) for E - Commerce Certification. The certification was developed for cities; however, the Dakota County coalition developed the concept of having countywide certification demonstrating that its businesses, government, and citizens are ready to conduct electronic commerce on the Internet. This recognition will be presented to the City on October 16, 2003, at a Chamber “Business After Hours” event, at the Municipal Center, from 4:30 to 6:30 p.m. The Chamber of Commerce, Dakota Electric Association, and the City will host the event. COMMUNICATIONS & CALENDAR Councilmember Goodwin commented on concerns about security i ssues at the Municipal Center in relation to a shooting incident in Hennepin County. He said the public should be aware that State law does not give the City authority to prevent anyone who has a permit from carrying a gun into the building. It was noted that anyone who has concerns about the law should contact their State Senators and Representatives. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2003 Page 5 Mayor Hamann - Roland congratulated Erica Christoffer, of the Sun - Current, for participating in Fire Prevention Week activities by climbing to the top of a 75 - foot ladder on the Fire Department’s truck. The Council received a memo dated October 6, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated Octob er 1, 2003, in the amount of $3,180,488.91; and October 8, 2003, in the amount of $717,672.63. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:13 o’clock p.m.