Loading...
HomeMy WebLinkAbout11/25/2003CITY OF APPLE VALLEY Dakota County, Minnesota November 25 , 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 25 th, 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 Hills , City Engineer Fick, Finance Director Ballenger, 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 Wassmun d. Mayor 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 Erickso n, seconded 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 present to speak. CONSENT AGENDA MOTION: of Bergman , seconded by Goodwin , approving all it ems 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 Novem ber 13th , 2003, as written. Ayes - 5 - Nays - 0. Resolution No. 2003 - 202 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to the School of Environmental Studies Education Foundation , for an event on January 15 , 200 4 , at 12155 Johnny Cake Ridge Road ; and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2003 Pag e 2 Resolution No. 2003 - 203 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing, at 7:00 p.m., on December 8, 2003, on the application of The Noodle Shop Co. - Colorado, Inc., d/b/a Noodles & Company, for new on - sale wine and 3.2 percent malt liquor licenses at 14879 Florence Trail . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving the revised Dakota County Mutual Aid F ire Services Agreement, as attached to the Fire Chief’s memo dated November 20, 2003, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Settlement Agreement and Release wi th Vision Software, Inc., as attached to the Police Chief’s memo dated November 21, 2003; for Police and Fire computer software purchased under an agreement dated September 25, 1997; approving final payment of $82,623.00, and authorizing the Mayor and City Clerk to sign the necessary documents . Ayes - 5 - Nays - 0. Resolution No. 2003 - 204 MOTION: of Bergman, seconded by Goodwin, a dopting authorizing writing off $2,479.22 of non - sufficient funds checks against City operations for the year 2003 . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $173,290.00 from the Park Dedication Fund for Legacy Park Phase 1 Construction, Southern Athletic Complex Concept Plan, and Apple Valley East Park Revision Plan as describe d in the Parks and Recreation Director’s memo dated November 20, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2004 annual excavation permit for commercial sand and gravel mining operations by Aggregate Industries, Inc ., east of Pilot Knob Road, as recommended in the Community Development Director’s memo dated November 20, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 205 MOTION: of Bergman, seconded by Goodwin, a dopting approving the final plat and Development Agree ment for The Legacy of Apple Valley Second Addition and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 2003 - 206 MOTION: of Bergman, seconded by Goodwin, a dopting approving the final plat and Development Agreeme nt for The Legacy of Apple Valley Third Addition and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2003 Pag e 3 Resolution No. 2003 - 207 MOTION: of Bergman, seconded by Goodwin, a dopting authorizing distribution of the Environmental Asses sment Worksheet (EAW) for the proposed development known as “Legacy Village North” , located north of 153rd Street between Galaxie Avenue and Foliage Avenue , and directing review of the document by the Planning Commission . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, granting a one - year extension of the site plan/building permit authorization for McDonald’s Restaurant on Lot 1, Block 1, Levine Subdivision No. 2 , subject to the conditions of Resolution No. 2002 - 182 and revised site plans d ated October 15, 2003; as described in the City Planner’s memo dated November 21, 2003 . Ayes - 5 - Nays - 0. Resolution No. 2003 - 20 8 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing, at 8:00 p.m., on December 30, 2003, to consid er vacating part of a drainage and utility easement on Lot 13, Block 3, Carrollton Estates 2nd Addition. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving reduction of financial guarantees for Palomino Ease Apartments , from $ 154,225 .00 to $ 44,225 .00; and Lebanon Hills Campground, from $1,200.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving acquisition of a Right - of - Way, Drainage and Utility Easement on part of Lot 32, Block 3, Carrollton Estates 4th Addition, at the intersection of 147th Street and Haven Drive, and authorizing payment of $1,000.00 to Gordon and Gorda Olsen . Ayes - 5 - Nays - 0. Resolution No. 2003 - 209 MOTION: of Bergman, seconded by Goodwin, adopting receiving the preliminary engine ering report for Project 03 - 240, North Farquar Lake Sanitary Sewer Improvements, and setting a public hearing on it, at 8:00 p.m., on January 22, 2004 . Ayes - 5 - Nays - 0. Resolution No. 2003 - 210 MOTION: of Bergman, seconded by Goodwin, a dopting approvi ng specifications for Project 03 - 242, Well Pumps No. 8, 12, 13, and HZ2 Maintenance, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 11, 2003 . Ayes - 5 - Nays - 0. Resolution No . 2003 - 211 MOTION: of Bergman, seconded by Goodwin, a dopting approving specifications for a Diesel Standby Generator Set and Installation at Deep Well No. 10 and authorizing advertising for receipt of bids, at 2:00 p.m., on December 11, 2003 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2003 Pag e 4 MOTION: of Bergman, seconded by Goodwin, accepting the contract for Concrete Removal and Replacement Service s as final and authorizing final payment to Minnesota State Curb - Gutter Division, AVR , Inc., in the amount of $1 6 , 675 .00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 212 MOTION: of Bergman, seconded by Goodwin, a d opting rejecting the only bid received on November 12, 2003, for sale of a 1975 Ford L9000 Fire Pumper Truck (Unit 4983) . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the part - time and seasonal em ployees as listed in the Personnel Report dated November 25 , 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2004 ON - SALE LIQUOR AND WINE LICENSE RENEWALS Mayor Hamann - Roland called the public hearing to order at 8:01 p.m. to consider renewal applicat ions for on - sale liquor and wine licenses for the year 2004 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the list of the applications a s attached to her memo dated November 21, 2003. Necessary checks of police and tax records have been conducted and indicate nothing, which would preclude renewing the licenses. No action should be taken on the on - sale wine license now held by The Noodle Shop Co. - Minnesota, Inc. A new application for a 2004 license for t hat restaurant has been submitted by The Noodle Shop Co. - Colorado, Inc. A hearing on that license will be held December 8, 2003. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared cl osed at 8:04 p.m. MOTION: of Goodwin, seconded by Bergman, approving renewal, for 2004, of on - sale liquor Resolutions No. 2003 - 213 and wine licenses by adopting for Apple American Limited Partnership of Minnesota, d/b/a Applebee’s Neighborhood Grill & Bar ; No. 2003 - 214 No. 2003 - 215 for Rich Mgt., Inc., d/b/a Apple Place; for Blazin No. 2003 - 216 Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar; for H.O.C., Inc., No. 2003 - 217 No. 2003 - 218 d/b/a Rascals; for Lancer Food Service, Inc.; for No. 2003 - 219 LRB Restaurant Comp any, d/b/a Grizzly’s Grill N’ Saloon; for No. 2003 - 220 Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley; for No. 2003 - 221 Wadsworth Old Chicago, Inc., d/b/a Old Chicago; for RT No. 2003 - 22 2 Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; for Pickled No. 200 3 - 2 2 3 Parrot II, LLC, d/b/a Pickled Parrot; for Apple Valley American No. 200 3 - 2 24 Legion Post 1776; for Grand Central Station, Inc., d/b/a Broadway No. 200 3 - 2 25 Station Apple Valley; for Chipotle Mexican Grill of Colorado, LLC, CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2003 Pag e 5 No. 200 3 - 2 26 d/b/a Chipotle Mexican Grill; for D & D of Minnesota, Inc., d/b/a No. 200 3 - 2 27 Famous Dave’s BBQ Shack; and for JI, Inc., d/b/a Jade Island Chinese Cuisine. Ayes - 5 - Nays - 0. CENTRAL VILLAGE DESIGN GUIDELINES M r. Lovelace reviewed his memo, da ted November 21, 2003, concerning the proposed Central Village Design Guidelines. The guidelines would provide the framework for completion of downtown development on properties , comprising approximately 54 acres, around the intersection of 153rd Street a nd Galaxie Avenue. The Central Village plan is intended to incorporate new urbanism and pedestrian friendly design principles into an integrated mixed - use development. The 90 - p ag e document details controls and recommendations for development on specific sites within the Central Village. After adoption of the guidelines, the area would be rezoned as planned development. The proposed planned development ordinance creates two zones, one for multiple family residential and one for commercial and residential development within mixed - use buildings. A final item being presented is revision to Planned Development Designation No. 716, the Legacy of Apple Valley, to apply the design guidelines to development that has not received approval yet. The Council discus sed whether a joint meeting with the Planning Commission on the guidelines would be beneficial. They concurred that with the amount of time spent on development of the guidelines, a joint meeting is probably not needed prior to their adoption, but indicat ed they would like to meet after the first of the year to discuss implementation. Mr. Lovelace said the intent was to have the guidelines and planned development ordinances presented as a first reading tonight. The language and some details will be fine tuned and the final documents brought back for consideration at the meeting of December 8, 2003 . METROPOLITAN COUNCIL’S DRAFT 2030 FRAMEWORK M r . Kelley reviewed h is memo dated November 21 , 2003, concerning the Metropolitan Council’s draft 2030 Regional D evelopment Framework. The p olicies o f the Framework will guide the various metropolitan system plan s (Transportation, Airports, Wastewater Treatment, and Regional Parks & Open Space) for which the Metropolitan Council is responsible. A public hearing on the 2030 Framework will be held December 3, 2003, and written comments will be taken until December 13, 2003. Based on previous discussions, he prepared a draft letter to submit formal comments. The letter focused on issues relating to transportation fun ding , coordination of development in “collar counties”, preservation of needed aggregate resources, and new financial resources to support affordable housing. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 2003 Pag e 6 MOTION: of Erickson , seconded by Goodwin , a pproving the letter , attached to the Community Develo pment Director’s memo dated November 21, 2003, to be submitted as the City‘s formal comments on the Metropolitan Council’s draft 2030 Regional Development Framework . Ayes - 5 - Nays - 0. SCHEDULE CITY COUNCIL MEETINGS MOTION: of Erickson , seconded by Be rgman , canceling the meeting of December 23, 2003, and setting the last City Council meeting of the year, at 8:00 p.m., on December 30, 2003 . Ayes - 5 - Nays - 0. MOTION: of Goodwin , seconded by Erickson , setting the 2004 City Council meeting schedule, i n accordance with adopted policy on the second and fourth Thursdays of each month, as listed in the City Clerk’s memo dated November 21, 2003 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR Mayor Hamann - Roland announced that Reid Koepp, a member of the City’s Cemetery Advisory Committee since its inception , passed away last week The Council received a memo dated November 2 1, 2003, with a calendar listing upcoming events. The Council thanked everyone who helped decorate, set up, and provide entertainmen t for the “18th Annual Holiday Tree Lighting Ceremony” held prior to the meeting. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated Novem ber 1 9, 2003, in the amount of $ 597,443.25 ; and November 2 5 , 2003, in the amount of $ 26,344,544.49 . Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8 : 38 o’clock p.m.