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HomeMy WebLinkAbout11/20/2001CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 20th, 2001, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayo r Hamann-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Finance Director Ballenger, 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, City Planner Lovelace, Administrative Assistant Pederson, 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. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, 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. There was no one present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of November 8th, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001-209 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1981 Buick automobile, valued at $500.00, from Brent and Lori Marschel for use by the Fire Department for training purposes. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 2001 Page 2 Resolution No. 2001-210 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 13, 2001, on applications for renewal of on-sale liquor, wine, and 3.2 percent malt liquor licenses for the year 2002. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, setting a public hearing before the Telecommunications Advisory Committee, at 7:00 p.m., on December 3, 2001, on Charter Communications proposed rate increase for cable service subscribers, as described in the Assistant to the City Administrator’s memo dated November 20, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Addendum to the Contract with NRG Processing Solutions, L.L.C., for Operation and Maintenance of Yardwaste Facility, allowing it to continue accepting materials through December 31, 2002; as attached to the Recycling Coordinator’s memo dated November 15, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving proposed amendments to the Minnesota Valley Transit Authority Joint Powers Agreement and Bylaws and authorizing sending a letter to the Executive Director requesting additional time for review, as recommended in the City Administrator’s memo dated November 16, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance allowing construction of a house addition to within eight feet of the west side lot line on Lot 17, Block 1, Greenleaf 3rd Addition (13257 Findlay Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance allowing construction of a house addition to within 28 feet of the rear lot line and a roof overhang to within 25 feet of the rear lot line on Lot 7, Block 4, Eagle Ridge Estates (7291 Upper 136th Street), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterli ng, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Fischer Market Place 4th NRMP, from $7,000.00 to 0; Fischer Market Place 5th NRMP, from $3,350.00 to 0; Fischer Market Place 6th NRMP, from $5,125.00 to 0; Culvers NRMP, from $2,350.00 to 0; Lebanon Hills NRMP, from $2,000.00 to $1,200.00; and Palomino Cliffs 2nd, from $44,831.00 to $10,376.00. Ayes - 5 - Nays - 0. Resolution No. 2001-211 MOTION: of Sterling, seconded by Grendahl, adopting authorizing disposal of excess waste sand material from the 40-acre former Dakota County CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 2001 Page 3 gravel pit site, located northwest of 160th Street and Pilot Knob Road, by offering it to interested parties for removal, as described in the City Engineer’s memo dated November 15, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 00-147B, Traffic Signal at 153rd Street and Galaxie Avenue, as final and authorizing final payment on the contract with Granite Ledge Electrical Contractors, in the amount of $20,517.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Certificate of Substantial Completion for the general and electrical portions of the Municipal Center construction project, as attached to the Assistant to the City Administrator’s memo dated November 20, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of an Agreement with Midwest Professional Services for providing the Employee Assistance Program, as described in the Human Resources Manager’s memo dated November 20, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with th e Brimeyer Group, Inc., for consultant services in recruitment for the full-time Fire Chief position, as attached to the Human Resources Manager’s memo dated November 20, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employee as listed in the Personnel Report dated November 20, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA VERMILLION RIVER WATERSHED MAP Daniel Huff, Dakota County Environmental Education Program Coordinator, was present and described information prepared about the Vermillion River and its water quality. The Watershed Management Organization collapsed last year and the County is now in charge of it and will be determining a new governance structure for it. He presented a map and poster showing the boundaries of the watershed, monitoring sites, and communities within it. Copies of the map are also available to citizens who request it from the Extension Office in Farmington. The Council thanked him for providing the information. HILLCREST ACRES EASEMENT VACATION CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 2001 Page 4 Mayor Hamann-Roland called the public hearing to order, at 8:12 p.m., to consider vacating part of a drainage and utility easement over the southwest corner of the proposed Hillcrest Acres subdivision and noted receipt of the affidavit of publication of the hearing notice. Mr. Lovelace reviewed his memo dated November 16, 2001, describing the 30-foot wide easement that is part of an unnamed tributary to the northern branch of the Vermillion River. A new easement and ponding area will be established south of the Home Depot lot on the Hillcrest Acres plat. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. No action will be taken on completing the vacation until the final plat is submitted for approval. MINNESOTA ROBINS, INC., ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:18 p.m., to consider an application for on-sale and special license for Sunday liquor sales by Minnesota Robins, Inc., at 15560 Cedar Avenue, and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated November 16, 2001, describing the application for a new license at the current Red Robin Restaurant. Timothy Gotzion, the applicant, was present to describe acquisition of restaurants located in Apple Valley and Eagan from LeCarnassier, LLC. They expect to close on the transaction December 3, 2001. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:20 p.m. Resolution No. 2001-212 MOTION: of Grendahl, seconded by Sterling, adopting authorizing issuance of On-Sale and Special License for Sunday Liquor Sales for 2001 to Minnesota Robins, Inc., d/b/a Red Robin of Apple Valley, for premises located at 15560 Cedar Avenue, subject to conditions listed. Ayes - 5 - Nays - 0. $325,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 2001 Steve Mattson, of Juran & Moody, was present and distributed information on their offer to purchase the City’s $325,000 General Obligation Equipment Certificates of 2001. The bonds will be used to pay for purchase of two dump trucks and a water tank truck for the Streets and Park Departments. Mr. Mattson said they are offering to purchase the bonds, unrated, at a net effective interest rate of 3.8245 percent. Resolution No. 2001-213 MOTION: of Erickson, seconded by Goodwin, adopting providing for sale and issuance of $325,000 General Obligation Equipment Certificates of 2001 to Juran & Moody, at a net effective interest rate of 3.8245 percent, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. ACE HARDWARE CONDITIONAL USE PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 2001 Page 5 Ms. Dykes reviewed the Planning Commission recommendation on the application of Ace Hardware for a Conditional Use Permit to allow outdoor display of merchandise in two fenced areas at its new location in the Big Apple Mall. The display areas will be on the south and west sides of the building and used only to display items for sale. Items being repaired for customers will be stored inside the building in the repair shop area. Samples of fence materials that meet the requirements have been provided. Resolution No. 2001-214 MOTION: of Erickson, seconded by Goodwin, adopting approving a Conditional Use Permit to allow outdoor display of merchandise by Ace Hardware within two fenced areas, on the south and west sides of the Big Apple Mall building, on part of Lot 1, Block 1, Valley Commercial Park 1st Addition; with conditions as recommended by the Panning Commission. Councilmember Sterling asked if the applicant agrees with the conditions? Gordie Schmitz, representing the applicant, was present and said they agreed. Vote was taken on the motion. Ayes - 5 - Nays - 0. RUBY TUESDAY RESTAURANT Mr. Lovelace reviewed the Planning Commission recommendation on a building permit for a 4,929 square-foot, free-standing restaurant at the northeast corner of County Road 42 and Galaxie Avenue. The orientation of buildings on the site and their sizes have changed slightly from the site plans approved September 13, 2001, and that is why this is being brought back to the Council. He reviewed revised building exterior elevations for the Ruby Tuesday Restaurant that show the additional architectural enhancements requested. Resolution No. 2001-215 MOTION: of Goodwin, seconded by Sterling, adopting approving the site plan and authorizing issuance of a building permit for Ruby Tuesday Restaurant on part of Outlot D, Fischer Market Place, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE AMENDING FENCE REGULATIONS Ms. Hills gave the first reading of an ordinance amending City Code Sections A1-3 and A1-58 regarding fences and establishing performance or maintenance standards for them, as attached to her memo dated November 7, 2001. It provides for repair and maintenance of fences and limits the use of temporary fencing material to specific construction or land disturbing activities. It will be included as part of the increased property maintenance regulation enforcement activities in the City. The Council accepted the first reading. The second reading will be scheduled for December 13, 2001. FIRE CHIEF SELECTION COMMITTEE CITY OF APPLE VALLEY Dakota County, Minnesota November 20, 2001 Page 6 MOTION: of Erickson, seconded by Sterling, appointing Councilmember Grendahl and Mayor Hamann-Roland to serve on a committee for the Fire Chief selection process along with the City Administrator and Human Resources Manager. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 16, 2001, with a calendar listing upcoming events. Mayor Hamann-Roland thanked everyone involved for assisting in the Municipal Center dedication ceremony and holiday tree lighting held earlier this evening. CLAIMS AND BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated November 15, 2001, in the amount of $5,981,149.88; and November 20, 2001, in the amount of $851,074.16. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:56 o’clock p.m.