Loading...
HomeMy WebLinkAbout11/13/2003CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 13th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayo r Hamann - 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 Fick, Finance Director Ballenger, Assistant Pl anner Bodmer, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wassmund. Mayor Hamann - Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by Boy Scouts from Troop 290. APPROVAL OF AGENDA MOTION: of Bergman, s econded by Grendahl, approving the agenda for tonight’s meeting as presented. 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 prese nt 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 October 23rd, 2003, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming November 20, 2003, as “Feed America Thursday”, urging citizens to sacrifice or fast, for two meals, and donate money that would have been spent on food to an organization of their choice for the purpose of feeding the hungry. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Page 2 Resolution No. 2003 - 190 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1989 Ford Ranger truck from Roger M. Weber to the Fire Department for use in training. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in manager for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill and Bar, in connection with the On - Liquor Licens e at 14658 Cedar Avenue, naming Todd M. Kronebusch as Regional Manager; as described in the City Clerk’s memo dated November 10, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in manager for Pickled Parrot II, LLC, d/b/a Pickled Parrot, in connection with the On - Liquor License at 14889 Florence Trail, naming Steven P. Maxon as General Manager; as described in the City Clerk’s memo dated November 10, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 191 MOTION: of Bergman, seconded by Goodwi n, adopting approving submission of the 2004 Funding Application to Dakota County, in the amount of $120,328.00, to operate the joint recycling program for the Cities of Apple Valley, Burnsville, and Eagan. Ayes - 5 - Nays - 0. MO TION: of Bergman, seconded by Goodwin, approving the Apple Valley Convention and Visitors Bureau proposed 2004 budget as attached to the Assistant to the City Administrator’s memo dated November 13, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $3,500.00 from the Lodging Tax Fund as a special appropriation to the Convention and Visitors Bureau for special signage and advertising projects as described in the Assistant to the City Administrator’s memo dat ed November 13, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an application to the Metropolitan Council for its Service Availability Charge (SAC) Waiver Program for affordable housing units at Tuscany Apartments, in The L egacy of Apple Valley, as attached to the Community Development Director’s memo dated November 6, 2003; and authorizing the City Administrator to co - sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Land Surveyor’s Certificate of Correction for Cobblestone Lake 3rd Addition correcting the lot line between Lot 2, Block 3, and Lot 45, Block 3, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 193 MOTION: of Bergman, seconded by Goodwin, adop ting approving splitting a single tax parcel into three lots, Lots 5, 6, and 7, Knottywoods; with separate tax identification numbers, subject to maintaining a single driveway access CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Page 3 to Pilot Knob Road and recording a cross access e asement for the lots. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Hawthorne, from $2,689,626.00 to $325,313.00; Hawthorne 2nd and 3rd, from $1,112,000.00 to $487,000.00; Orch ard Pointe NRMP, from $6,900.00 to 0; Orchard Pointe, from $225,712.00 to 0; and Orchard Pointe 2nd, from $349,100.00 to 0. Ayes - 5 - Nays - 0. Resolution No. 2003 - 192 MOTION: of Bergman, seconded by Goodwin, adopting ordering preparation of a prelimina ry engineering feasibility report and plans and specifications for Project 03 - 239, Galaxie Avenue Reconstruction from 151st Street to 157th Street. Ayes - 5 - Nays - 0. Resolution No. 2003 - 194 MOTION: of Bergman, seconded by Goodwin, adopting confirming withdrawal of the bid of Jay Bros., Inc., and awarding the contract for Project 03 - 222, Deep Well No. 18 Pumping Facility, to Rice Lake Construction Group, the low bidder, in the amount of $277,840.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement with Hydrocon, Inc., for Project 03 - 234, Miscellaneous Storm Sewer Improvements (for the outlet between Long Lake and Farquar Lake and Ellice Court drainage), in the amount of $24,650.00. Ayes - 5 - Nays - 0. MOTION: of B ergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Infrastructure Technologies, Inc., d/b/a Infratech, for Sanitary Sewer Corrosion Protection in Apple Valley East, extending the completion date to July 15, 2004, with no change in cost. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting the contract for Painting and Reconditioning Hydrants as final and authorizing final payment to Central Sandblasting, Inc., in the amount of $13,630.00. Ayes - 5 - Nays - 0 . MOTION: of Bergman, seconded by Goodwin, accepting the contract for Reroofing Part of the Old City Hall Building as final and authorizing final payment to A - Plus Roofing, Inc., in the amount of $17,650.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seco nded by Goodwin, approving the Updated Snow and Ice Control Policy and Procedures as attached to the Public Works Supervisor’s memo dated November 13, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 195 MOTION: of Bergman, seconded by Goodwin, adopting es tablishing the City contribution towards the cost of elected officials group CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Page 4 insurance to be set at 50 percent of the amount contributed to non - bargaining employee. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Gregory Ve ach for the position of Assistant Store Manager at Liquor Store No. 1 as listed in the Personnel Report dated November 13, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Person nel Report dated November 13, 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA EASEMENT VACATION, CARROLLTON ESTATES 2ND ADDITION Mayor Hamann - Roland called the public hearing to order, at 8:02 p.m., to consider vacating part of a drainage and utility easement on Lot 17, Block 3, Carrollton Estates 2nd Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo, dated November 6, 2003, describing the request to vacate five feet of the easement that covers 75 to 90 feet of the lot. The easement was established to provide a storm water ponding area and reducing its size will not adversely impact the pond. The Mayor asked for questions or comments from the Council and the public. Councilmember Bergma n asked if the other 27 homes around the pond could potentially request vacations also? Mr. Lovelace said now that the high water elevation line has been established, the contours in the backyards could be looked at on a case - by - case basis and vacations c onsidered as requested. There were no other comments and the hearing was declared closed at 8:07 p.m. Resolution No. 2003 - 196 MOTION: of Bergman, seconded by Erickson, adopting completing vacation of part of a drainage and utility easement on Lot 17, Blo ck 3, Carrollton Estates 2nd Addition (8003 Upper 146th Street), and authorizing recording the necessary documents with Dakota County. Ayes - 5 - Nays - 0. LEGACY OF APPLE VALLEY 3RD ADDITION PARKING LOT Ms. Dykes reviewed her memo dated November 7, 200 3, concerning the Planning Commission recommendation on a Conditional Use Permit for a shared parking lot on Lot 1, Block 1, The Legacy of Apple Valley 3rd Addition. This use was provided for in the planned development zoning for the site and will require cross - parking and cross - access easements. The shared parking model was reviewed at the time the preliminary plat was approved. It was noted that groundbreaking for the Enjoy! Restaurant is scheduled for November 19, 2003, at 2:00 p.m. Resolution No. 2003 - 197 MOTION: of Goodwi n, seconded by Erickson, adopting approving a Conditional Use Permit for a shared parking lot on Lot 1, Block 1, The Legacy CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Page 5 of Apple Valley 3rd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. WENSMANN 13TH ADDITION/MIDTOWN VILLAGE Mr. Lovelace reviewed the Planning Commission recommendation on Wensmann 13th Addition/Midtown Village located at the southeast corner of 145th Street and Foliage Avenue, north of Fischer Market Place. The 21.5 - acre site is proposed to be rezoned to planned development for multi - family residential uses. The preliminary plat provides for 174 rowhome and 96 condominium dwelling units. It is proposed to construct nine 14 - unit and four 12 - unit rowhome buildings and four 24 - unit condominium buildings. All buildings will have underground parking. Sidewalks will be constructed along all streets and internal pedestrian connections provided. Construction of Flagstaff Avenue between 145th and 147th Streets will be requ ired with the development and involves relocating underground pipelines to the west. He showed samples of the brick and stone exterior building materials proposed to be used along with Hardiplank siding and stucco. Kelly Murray and Terry Wensmann, repres enting the developer, were present to answer questions. Councilmember Erickson asked how the pipeline relocation will be handled? Mr. Lovelace said the first phase of the development will start at Foliage Avenue and about half of the relocation will be d one first. The second phase is planned for the end of next year along with construction of Flagstaff Avenue. MOTION: of Goodwin, seconded by Erickson, directing Staff to prepare a planned development ordinance to rezone the site of the proposed Wensmann 13th Addition/Midtown Village, in Section 27, from I - 2, General Industrial, to multi - family residential with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 200 3 - 198 MOTION: of Erickson, seconded by Grendahl, adopting approving the preliminary plat of Wensmann 13th Addition/Midtown Village, for 18 lots and one outlot at the southeast corner of 145th Street and Foliage Avenue, with conditions as recommended by the Planning Commission, subject to completion of the a ppropriate rezoning. Ayes - 5 - Nays - 0. Resolution No. 2003 - 199 MOTION: of Grendahl, seconded by Goodwin, adopting approving the site plan and authorizing issuance of building permits for construction of 13 rowhome buildings and four condominium buildi ngs in Wensmann 13th Addition/Midtown Village, with conditions as recommended by the Planning Commission, subject to completion of the appropriate rezoning. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Page 6 Resolution No. 2003 - 200 MOTION: of Bergman, seconded by Goodwin, adopting ord ering preparation of a preliminary engineering feasibility report for Project 03 - 228, Wensmann 13th Addition/Midtown Village Utility and Street Improvements. Ayes - 5 - Nays - 0. 2004 - 2008 CAPITAL IMPROVEMENTS PROGRAM Mr. Grawe reviewed his memo dated N ovember 13, 2003, concerning the proposed 2004 - 2008 Capital Improvements Program (CIP). He noted that the anticipated 2004 projects are consistent with the proposed 2004 City Budget to provide a baseline. The CIP is a planning document that anticipates c apital needs in future years whether or not they are funded in the requested budget year. It provides an accurate description of the condition of the City’s capital assets and encourages consideration of alternate forms of service delivery that do not req uire significant capital expenditures. The Planning Commission held a public hearing on the document, as an amendment to the Comprehensive Plan, on November 5, 2003, and recommended approval. Resolution No. 2003 - 201 MOTION: of Goodwin, seconded by Erickson, adopting approving the 2004 - 2008 Capital Improvements Program, as an amendment to the City’s Comprehensive Guide Plan, and authorizing its submittal to the Metropolitan Council as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE REGULATING OVERNIGHT PARKING IN COMMERCIAL DISTRICTS Mr. Kelley reviewed his memo dated November 7, 2003, concerning a proposed ordinance prohibiting overnight parking of vehicles in off - street parking spaces in commercial and industrial districts. The ordinance amends both the zoning regulations and traffic regulations in the City Code to allow enforcement by sworn police officers. Since the Planning Commission held a public hearing on the proposed ordinance and recommended its approval, it is recommen ded that a second reading be waived and the ordinance be passed. MOTION: of Grendahl, seconded by Erickson, waiving the requirement for a second reading Ordinance No. 738 and passing amending Sections 71.19 and 155.375 of the City Code by prohibiting over night parking of vehicles in off - street parking spaces in commercial and industrial districts. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 10, 2003, with a calendar listing upcoming events. Mayor Hamann - Rol and noted that, in connection with the proclamation of “Feed America Thursday”, the Community Action Council has indicated it would be pleased to accept any food shelf donations. CITY OF APPLE VALLEY Dakota County, Minnesota November 13, 2003 Page 7 CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated October 29, 2003, in the amount of $3,985,893.65; November 5, 2003, in the amount of $4,353,660.87; and November 12, 2003, in the amount of $346,435.28. Ayes - 5 - Nays - 0. CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougher ty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Goodwin, seconded by Bergman, to enter into a closed meet ing and convene in closed session to discuss AFSCME Maintenance union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 8:45 p.m. In attendance were Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Good win, and Grendahl; Human Resources Manager Strauss, City Administrator Lawell, City Clerk Mueller, Finance Director Ballenger, Public Works Director Heuer, and Parks and Recreation Director Johnson. The meeting was tape recorded as required by law. The C ouncil reconvened in open session at 9:53 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:54 o’clock p.m.